Important Information About Wrongful Death Law
In a typical personal injury situation, if someone is injured in an accident, they can file a lawsuit against whoever caused their injuries. If someone dies in an accident, the potential lawsuit then becomes a wrongful death claim. When that happens, a different set of rules then come into play. Five important things to know about wrongful death claims include:.
- Wrongful Death Claims Arise Under State Law: The law for wrongful death in North Carolina can be found here in the North Carolina General Statutes. This law allows a negligence claim to be filed on behalf of the victim along with a claim for the victim’s beneficiary family as one claim instead of two separate ones.
- Wrongful Death Claims Are Filed by The Victim’s Estate: Even though the beneficiary family of a victim in a wrongful death claim is entitled to damages, the estate is who actually files the lawsuit. This would be done by a named executor in a will or by an administrator appointed by the court if there is no will.
- Monetary Awards for Wrongful Death Go to Beneficiary Family: Any monetary award in a wrongful death claim does not go to the estate itself even though the estate is the plaintiff in a wrongful death lawsuit. Any money that is awarded is distributed to the family through North Carolina’s laws on succession. This usually means that the decedent’s spouse and children are given any monetary award as a result of a successful wrongful death claim.
- Strict Statute of Limitations to File Wrongful Death Claim: A statute of limitations is a time limit that someone has to file a claim in court. If the claim is not filed within the specified period, then the ability to sue is forever lost. A wrongful death case in the state of North Carolina must be filed within 2 years of the date of the victim’s death.
- North Carolina Is A Contributory Negligence State: Contributory negligence is a harsh standard that is followed in North Carolina. If a jury or court finds that the victim in a wrongful death or personal injury case was any amount at fault (even 1%), then they will not receive any damages.
This is not a complete list of things that are important to know relating to wrongful death claims. Each case and circumstances are unique, and it is important to have your specific legal questions answered by an experienced personal injury/wrongful death attorney. Call us at Snow Legal so we can help you make sense of it all..
Call Today for a Free Consultation with Snow Legal
If you are suffering the financial and emotional strain of losing a loved one who was killed in an accident, it is important to seek the advice of an experienced wrongful death attorney immediately. The attorneys at Snow Legal are proud to offer a free initial consultation to anyone considering filing a wrongful death claim. Let our experience help guide you towards taking the strongest possible approach towards winning your case. Call us today at (704) 358-0026 or contact us online.