What Constitutes Wrongful Death In NC?

In North Carolina, when your loved one dies as a result of a traffic accident, you have the right to sue for wrongful death.

A wrongful death lawsuit can help the deceased person’s spouse, children, or dependents financially in a way to compensate for any lost income or extra expenses they now have the burden of as a result of the accident.

What Does North Carolina Classify As A Wrongful Death?

North Carolina law classifies “wrongful death” as when someone dies by a negligent act by a person or entity. A loved one must bring the case on behalf of the deceased.

Similar to personal injury lawsuits, wrongful death lawsuits can stem from a negligence-based incident, such as a car accident, medical malpractice, or an intentional act — including a crime that resulted in someone’s death.

If you win a wrongful death case, the defendant can pay damages to the deceased person’s estate to cover:

  • medical and hospital expenses resulting from the injury or illness that caused the death
  • pain and suffering experienced by the deceased
  • reasonable funeral and burial expenses
  • loss of the deceased person’s income
  • loss of the deceased person’s services, protection, care, and assistance, and
  • loss of society, companionship, comfort, guidance, and advice.

In order to win a wrongful death case, your legal team will need to prove the other driver failed to exercise reasonable care — whether that be, for example, speeding, running a red light, or recklessly driving.

How Do I File A Wrongful Death Lawsuit In North Carolina?

Call Hyland, Padilla, & Fowler’s law offices right away if you think you have a wrongful death case on behalf of your deceased loved one, call Hyland, Padilla, & Fowler’s law offices right away. We provide free consultations and can help you navigate your options, the paperwork, and more.

Then the surviving family members must appoint a personal representative of the decedent’s estate to file the suit, also known as an executor. Our legal team can work with this personal representative to file the wrongful death claim and receive the damages. Then, that representative must distribute any damage awards won.

North Carolina imposes a two-year statute of limitations on wrongful death lawsuits from the day the person died, so it’s essential to start your case immediately. If your loved one died due to. If the accident happened but they did not pass away until days or weeks later, the “clock” starts on the day of the death, no accident.

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