Category Archives: Wrongful Death

Who should speak with the trooper, the sheriff, and the insurance companies about the crash, and should I avoid talking to them while represented? NC

Who should speak with the trooper, the sheriff, and the insurance companies about the crash, and should I avoid talking to them while represented? – North Carolina Short Answer In North Carolina wrongful death cases, it is usually best for the estate’s attorney to handle substantive communications with the trooper/sheriff and with any insurance company…

Can I apply for a spousal allowance and a family allowance while the wrongful death case is pending, and will that change the payout later? – NC

Can I apply for a spousal allowance and a family allowance while the wrongful death case is pending, and will that change the payout later? – North Carolina Short Answer Yes. In North Carolina, a surviving spouse (and certain minor children) can seek statutory estate allowances during estate administration even while a wrongful death claim…

How do I find the driver’s identity and accident report so I can understand what happened and preserve my rights? – NC

How do I find the driver’s identity and accident report so I can understand what happened and preserve my rights? – North Carolina Short Answer In North Carolina, the quickest way to identify the driver and get the basic facts is usually to request the law enforcement crash report. Reports made by the investigating officer…

Can a representative for an estate request and receive the accident report before it is publicly posted online? NC

Can a representative for an estate request and receive the accident report before it is publicly posted online? – North Carolina Short Answer Yes. In North Carolina, a law-enforcement crash report is a public record, so an estate representative can usually request and receive a copy without waiting for it to appear on any website.…

Do I need to open probate to pursue a wrongful death claim for a bicyclist killed by a driver, and who gets appointed to act on behalf of the estate? NC

Do I need to open probate to pursue a wrongful death claim for a bicyclist killed by a driver, and who gets appointed to act on behalf of the estate? – North Carolina Short Answer In North Carolina, a wrongful death lawsuit generally must be brought by the decedent’s personal representative (an executor or administrator),…

What happens to the availability of a crash report when the collision involved a fatality and the investigation is still being completed? NC

What happens to the availability of a crash report when the collision involved a fatality and the investigation is still being completed? – North Carolina Short Answer In North Carolina, the law-enforcement officer’s written crash report is generally a public record and can usually be requested even when the collision involved a fatality. However, parts…

How long do I have to file a wrongful death claim from a truck accident, and what evidence should be preserved right away? – NC

How long do I have to file a wrongful death claim from a truck accident, and what evidence should be preserved right away? – North Carolina Short Answer In North Carolina, most wrongful death lawsuits from a tractor‑trailer or truck accident must be filed within two years of the date of death, and only the…

How can I correct a death certificate that wrongly says not married when I have our marriage license? – NC

How can I correct a death certificate that wrongly says not married when I have our marriage license? – North Carolina Short Answer In North Carolina, an incorrect marital-status entry on a death certificate can be corrected by submitting an amendment request to the state vital records office with proper proof, such as a certified…

What happens to survivor benefits and insurance claims if the death certificate is wrong, and will correcting it delay anything? – NC

What happens to survivor benefits and insurance claims if the death certificate is wrong, and will correcting it delay anything? – North Carolina Short Answer In North Carolina, an incorrect death certificate (for example, listing a decedent as “not married” when they were married) does not erase a lawful marriage or automatically cancel survivor benefits,…

How can I handle an insurance claim after a death if another relative is already talking to the insurer? – NC

How can I handle an insurance claim after a death if another relative is already talking to the insurer? – North Carolina Short Answer Under North Carolina law, only the estate’s court-appointed personal representative has legal authority to settle a wrongful death claim, even if another relative is already talking to the insurance company. Informal…