What Is A Wrongful Death Suit or Claim?
North Carolina law defines wrongful death as a death that occurred due to the negligent or reckless act of one person leading to the death of another person, specifically NC Statutes section 28A-18-2 defines wrongful death as caused “by a wrongful act, neglect, or default of another.”
There is a range of circumstances under which a wrongful death can occur, they include accidents involving cars, motorcycles, trucks, etc, along with accidents on premises maintained by others, product liability, and various types of medical malpractice. Intentional acts can also lead to a wrongful death claim whether or not the intentional act constituted a crime.
The law gives the estate of the deceased person the right to seek compensation for the loss of their family member and settlements are disbursed under the guidelines of the North Carolina Intestate Succession Act.
Of course, filing a wrongful death lawsuit is about more than seeking compensation for the loss of your loved one. It is more about holding the party responsible for the death accountable for their actions and hopefully preventing similar events from happening in the future. It is also about covering the expenses that the family incurs as a result of the wrongful death, such as any medical bills and funeral expenses. The responsible party may also be made to cover items such as lost wages of the deceased person, used to support their loved ones.
Speak with a personal injury lawyer to see if your case qualifies as a wrongful death case.
Wrongful Death Case From A Motorcycle Accident
Seeking compensation for a death following a motorcycle accident is always going to be an emotionally traumatic experience for the spouse/loved ones of the person killed in the accident. Our law firm understands this. We promise that we will handle your case with compassion and care so that you can focus on recovering from your loss.
It should be understood that for wrongful death to occur the death does not have to happen at the scene of the accident. If your loved one was involved in a motorcycle accident and died as a direct result of those injuries, even if it was some time following the accident, then a wrongful death may have occurred. As with any personal injury case in North Carolina, the Statute of Limitations applies to wrongful death cases, so speak with your wrongful death attorney to determine how long you have to file a claim.
Who Can File A Wrongful Death Case In North Carolina?
Under North Carolina law, action can only be filed by the “personal representative” of the deceased. If the deceased had a will, then the executor of the will can file the action, otherwise in situations where the deceased did not have a will then the estate administrator may file the action.
Any compensation that is received for a wrongful death case will be distributed according to North Carolina intestate laws.
Filing a wrongful death case cannot give you what you want most – your loved one back. However, it can help you make the recovery process a little easier in a financial sense. Speak with a personal injury lawyer about your rights to file a wrongful death case. Contact Us Today on 1-800-ACCIDENT