A wrongful death claim is a legal action that can be taken after a preventable death in North Carolina. Pursuing this type of case can provide grieving loved ones with a sense of justice and closure, as well as fair financial compensation. Under North Carolina state law, only the personal representative of the deceased person can file a wrongful death claim in Wilmington.
What Is a Wrongful Death Claim?
“Wrongful death” is defined in North Carolina General Statutes § 28A-18-2 as “the death of a person 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 the circumstances of the death would have permitted the deceased person to file a Wilmington personal injury claim had he or she survived the accident, a wrongful death claim can likely be filed after the individual’s death.
A wrongful death claim is a civil case that can be brought against one or more parties for allegedly causing or contributing to the death of an individual. It seeks financial compensation for related losses suffered by the victim as well as all heirs or beneficiaries.
What Are North Carolina’s Wrongful Death Laws?
Every state has its own rules and statutes regarding who has the right to file a wrongful death claim and how this legal action must be taken. While many states permit surviving family members to file wrongful death claims, North Carolina law states that this legal action must be “brought by the personal representative or collector of the decedent.”
An approved party may submit a wrongful death insurance claim or lawsuit in North Carolina only if there is evidence of wrongdoing, negligence or someone else’s liability (legal responsibility) in association with the death. “Negligence” refers to a failure to exercise ordinary or reasonable care.
A wrongful death claim must be brought within the state’s appointed deadline, known as the statute of limitations. Section 1-53(4) of the law gives claimants up to two years from the date of the decedent’s death to pursue this type of legal action. If this time limit is surpassed, the courts will most likely bar financial recovery.
What Is a Personal Representative?
A “personal representative” of the decedent or deceased person is the individual who has been elected to handle the legal and financial affairs of the decedent’s estate after he or she dies or becomes incapacitated. This could be the executor or administrator of the estate.
An executor is a personal representative who is appointed in the deceased person’s will. An administrator is a representative who is appointed by the courts if someone dies without a will. Family members and other individuals can apply to become the administrator of the probate court.
Who Can Recover Compensation Through a Wrongful Death Claim in North Carolina?
The personal representative of the decedent’s estate can file a wrongful death claim on behalf of all surviving heirs and beneficiaries. The representative may or may not be included in this category.
Any financial compensation awarded in a wrongful death case in North Carolina is typically divided among the following parties according to the state’s laws of intestate succession:
- A spouse
- A child or children
- A parent or legal guardian
- Any other legal heirs
Legal heirs may include the decedent’s grandparents, siblings, and aunts and uncles. If you are curious whether you are eligible for financial compensation from a wrongful death claim in Wilmington, consult with our lawyers at Shipman & Wright.