When accidents result in fatalities in North Carolina, surviving family members may be left with many questions about their legal rights and what to do next. Here are some frequently asked questions (FAQs) about wrongful death claims in Wilmington, NC to help your family make educated decisions about your situation during this emotional time.
What Is a Wrongful Death?
According to North Carolina General Statutes §28A-18-2, a wrongful death occurs “when the death of a person is caused by a wrongful act, neglect or default of another, such as would, if the injured person had lived, have entitled the injured person to an action for damages.”
In other words, if someone dies because of another person’s negligence or wrongdoing, a civil case can be filed to pursue damages (financial compensation) in the same manner that the deceased person would have been able to file a personal injury claim in Wilmington had he or she survived.
Who Has the Right to File a Wrongful Death Claim in North Carolina?
Unlike other states, North Carolina does not permit just any family member of the deceased person to file a wrongful death claim. This type of legal action can only be brought by the personal representative of the decedent’s estate.
While this designation may belong to a family member – such as a surviving spouse, parent or adult child – the individual must be officially appointed as the administrator or executor of the estate by the courts or the deceased person’s will to have the right to file.
Does a Crime Need to Be Committed to Have a Wrongful Death Claim?
No. A wrongful death claim can be brought against a defendant even if the defendant did not intend to hurt or kill the decedent. An unintentional accident that results in a fatality is enough to result in a claim if the defendant was negligent, or failed to apply the same standards of care that a reasonable and prudent party would have in similar circumstances. Examples include car accidents, slip and fall accidents, and medical malpractice.
How Do I Prove a Wrongful Death Claim?
When a wrongful death claim is filed, the plaintiff or filing party bears the burden of proof. This means they must provide enough evidence to prove the truth of what is being claimed. The evidentiary standard that must be met is a “preponderance of the evidence,” or enough to prove that the claim is more likely to be true than not true. This is lower than a criminal case’s standard of “proof beyond a reasonable doubt.”
What Damages Are Available for Wrongful Death?
The damages, or financial compensation, that can be recovered in a North Carolina wrongful death claim depend on the losses suffered by surviving family members. Common damages include:
- Funeral and burial expenses
- Lost wages and financial contributions
- Related medical debts
- The decedent’s pain and suffering
- Loss of consortium, or the decedent’s love and companionship
Any damages awarded will be distributed to eligible beneficiaries based on the deceased person’s will or according to the state’s laws of intestate succession.
How Long Do I Have to File a Wrongful Death Claim in North Carolina?
A law called the “statute of limitations” in North Carolina limits your ability to seek financial compensation to two years from the date of the decedent’s death, with some exceptions. You should always speak to an attorney about a potential wrongful death claim as soon as possible to avoid missing your deadline.
Do I Have to Hire an Attorney to File a Wrongful Death Claim in Wilmington, NC?
While you aren’t legally required to hire an attorney to handle your wrongful death claim in North Carolina, doing so can come with immense benefits, such as being able to focus on grieving with your family while an attorney handles your case for you. Hiring a lawyer also improves your case’s odds of success.
The search for justice, accountability and financial compensation after a wrongful death doesn’t have to be complicated. Get help from the Wilmington wrongful death attorneys at Shipman Wright & Moore, LLP.