A wrongful death lawsuit in North Carolina awards compensation to the surviving family members of someone killed in an accident or other wrongdoing. If the other party caused your loved one’s death through negligent conduct, you may be entitled to significant monetary damages.
While no amount of money can compensate you for losing a loved one, it can help deal with the financial and emotional impacts the loss has left. It also helps hold the negligent party responsible for their conduct.
Pursuing a wrongful death action isn’t easy, but having a dedicated attorney on your side can make things easier. With an attorney on your side, you can rest easy knowing that the incident that led to the loss of your loved one will be fully investigated and the evidence you need to prove your claim and obtain maximum compensation will be uncovered.
If you’ve lost a loved one as a result of someone else’s reckless or careless conduct, our dedicated wrongful death attorney is ready to stand with you to ensure you recover the financial stability and justice you deserve.
What Is Wrongful Death in North Carolina?
Under North Carolina law, a wrongful death is one caused “by a wrongful act, neglect, or default” of some other person or entity, such as a business. (N.C. Gen. Stat. § 28A-18-2 (2021).). Wrongful death actions are a type of personal injury lawsuit, but since the deceased person can no longer bring the case on their own behalf, it is left up to their family or another court approved individual to pursue a wrongful death action on their behalf.
Common situations that lead to a wrongful death action include, but are not limited to:
- Car, truck, and other motor vehicle accidents
- Workplace accidents
- Industrial accidents
- Medical malpractice
- Slip and fall cases
- Pedestrian accidents
- Negligent or intentional homicide cases
If someone else’s reckless conduct caused the death of your loved one, you should speak with a North Carolina wrongful death attorney to learn about your legal rights.
Who Can File a North Carolina Wrongful Death Lawsuit?
Only the deceased individual’s personal representative is allowed to file a wrongful death lawsuit in North Carolina. The personal representative is sometimes referred to as an executor and is named in the deceased person’s estate planning documents.
If a person passes away ‘intestate,’ that is, without a will or trust, the Court will appoint an appropriate individual to serve as the Administrator of the Estate. People chosen to serve as administrator usually include surviving spouses, parents, adult children, or other close family members.
How do I Prove Wrongful Death?
To be bring a successful wrongful death lawsuit, the plaintiff must prove the following elements:
- Duty of Care: The plaintiff must prove that the defendant owed a duty of care to the victim
- Breach of Duty of Care: The plaintiff must prove that the defendant breached their duty of care to the victim
- Causation: The plaintiff must prove that the defendant’s breach of duty caused the victims death
Time Limits in Wrongful Death Cases
Under North Carolina Gen. Stat. § 1-53, the wrongful death case must be filed no later than two years after the person’s death. This time limit is called a statute of limitations and is a crucial part of filing an effective wrongful death action.
Any case not filed within that time frame could be dismissed as untimely. This would mean that your case is dismissed even if it would have been successful if filed on time.
Compensation in North Carolina Wrongful Death Actions
A wrongful death case compensates the surviving family members and estate. A successful lawsuit provides compensation such as:
- Medical expenses related to the injury or illness that caused the death
- Funeral and burial expenses
- Loss of income the deceased person would have earned
- Loss of comfort, parenting, advice, and support
- Pain and suffering experienced by the deceased person before they passed away
Punitive damages may be appropriate to punish defendants in particularly egregious cases, such as those with “malice or willful or wanton conduct.”
Get Help From a North Carolina Wrongful Death Lawyer
Losing a loved one is hard enough. You should not also suffer financially without holding the responsible party accountable. A wrongful death action may help you move forward after an unexpected loss.
At Ellis Law, we are ready to fight for you. Contact us today for a free consultation of your case.
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