Unfortunately, death may occur as the result of another person’s or company’s negligence. As in all injury cases, a wrongful death claim may be brought only if the death is the result of the negligence of another. Wrongful death claims and the benefits that are available to claimants have been determined by the North Carolina legislature. Wrongful death may occur from an automobile accident, medical malpractice, a defect in a product, or an accident on the job. In order for a relative or spouse to pursue a wrongful death claim, an estate must be established. Then, the person acting as administrator of the estate could hire an attorney to pursue to the wrongful death claim. In addition to claims for medical expenses and pain and suffering, the estate may make claims for funeral expenses, for the loss of financial support, for the loss of the services, protection, care and assistance of the decedent, and for the loss of the society, companionship, comfort, guidance, kindly offices and advice of the decedent. If the conduct of the negligent party was willful and wanton, the estate may be entitled to pursue a punitive damages claim. The time limitation for wrongful death claims is different than that of any other injury claim – generally, the claim must be brought within two years of the decedent’s death.
There may be other rights available to you. Please contact us or call
(919) 419-9933 for a free consultation.
Wrongful Death
Hyland & Padilla, PLLC are personal injury attorneys in Durham,
Raleigh, and Chapel Hill, North Carolina
