Category Archives: Wrongful Death

What are my options if a co‑heir refuses to sign or participate—can the claim or estate proceed without them, or can they be released?: North Carolina Wrongful Death

What are my options if a co‑heir refuses to sign or participate—can the claim or estate proceed without them, or can they be released? – North Carolina Short Answer Yes. In North Carolina, the personal representative can file and prosecute a wrongful death claim without every heir’s signature. To settle, either all competent adult beneficiaries…

If I never signed a fee agreement, can that firm still claim a percentage or place a lien for work they did?: North Carolina

If I never signed a fee agreement, can that firm still claim a percentage or place a lien for work they did? – North Carolina Short Answer In North Carolina, a firm generally cannot enforce a specific contingency percentage without a signed fee agreement. However, if the firm’s work helped create a wrongful death recovery,…

What deadlines apply to bring wrongful death and estate claims, and what happens if they are missed?: North Carolina

What deadlines apply to bring wrongful death and estate claims, and what happens if they are missed? – North Carolina Short Answer In North Carolina, a wrongful death lawsuit must be filed by the court‑appointed personal representative within two years of the date of death. Estate creditor claims are generally barred unless presented by the…

What is the difference between a wrongful death claim and an estate claim, and who is allowed to file each one?

What is the difference between a wrongful death claim and an estate claim, and who is allowed to file each one? – North Carolina Short Answer In North Carolina, a wrongful death claim seeks damages for the family’s losses caused by a death and must be filed by the estate’s personal representative. An estate (survival)…

What steps do I need to take to file a medical malpractice lawsuit after my child’s death?: North Carolina

What steps do I need to take to file a medical malpractice lawsuit after my child’s death? – North Carolina Short Answer In North Carolina, only the child’s court‑appointed personal representative can file a medical malpractice wrongful death lawsuit. First, open an estate and obtain Letters from the Clerk of Superior Court, then file a…

What evidence do I need to prove negligence in a civil case involving my child’s death?: North Carolina

What evidence do I need to prove negligence in a civil case involving my child’s death? – North Carolina Short Answer In North Carolina, negligence in a wrongful death case is proven with evidence that shows a duty of care, a breach of that duty, a causal link to the death, and legally recognized damages.…

How can I pursue a wrongful death claim for my adult child who died from a post-surgical infection?: North Carolina

How can I pursue a wrongful death claim for my adult child who died from a post-surgical infection? – North Carolina Short Answer In North Carolina, only the court‑appointed personal representative of the decedent’s estate can file a wrongful death lawsuit, usually in Superior Court. Most healthcare‑related cases also require a pre‑filing medical review certification…

Can I hold social services liable for neglect that contributed to my child’s unsafe living conditions?: North Carolina

Can I hold social services liable for neglect that contributed to my child’s unsafe living conditions? – North Carolina Short Answer Under North Carolina law, a wrongful death claim may be brought against a government agency only in limited situations. The child’s estate’s personal representative must file the claim, and recovery depends on overcoming governmental…

How long do I have to file a wrongful death claim in my state?: North Carolina

How long do I have to file a wrongful death claim in my state? – North Carolina Short Answer In North Carolina, a wrongful death lawsuit must be filed within two years of the date of death. Only a court‑appointed personal representative or collector for the estate can bring the claim. An insurance company holding…

Can I recover damages from the driver who struck my child in a wheelchair?: North Carolina

Can I recover damages from the driver who struck my child in a wheelchair? – North Carolina Short Answer Yes. In North Carolina, a wrongful death claim must be brought by the child’s court‑appointed personal representative (not family members individually). Any settlement usually requires a judge’s approval unless all adult heirs consent in writing. After…