Who is allowed to bring a wrongful death lawsuit when the person who died is my spouse’s parent? – North Carolina Short Answer In North Carolina, a wrongful death lawsuit generally must be filed by the deceased person’s personal representative (the executor named in a will or an administrator appointed for an estate), not by…
How can I find out what really happened when my relative died while in law-enforcement custody? – North Carolina Short Answer In North Carolina, a death that happens in police custody falls under the medical examiner system, and the medical examiner must investigate the cause and manner of death. One of the fastest, most reliable…
Can a family member request the incident reports, jail records, or hospital records related to a death in custody? – North Carolina Short Answer Sometimes, but it depends on the type of record and the requester’s legal authority. In North Carolina, certain basic arrest and incident information is public, but most criminal investigation records can…
If my relative had inheritance money and an annuity, does it automatically go to the spouse or does it go through the estate? – North Carolina Short Answer In North Carolina, inheritance money and annuity benefits do not automatically go to a surviving spouse just because of the marriage. Whether they go to the spouse…
If my family member was intentionally killed, do we still have any kind of wrongful death case? – North Carolina Short Answer Yes. In North Carolina, an intentional killing can still support a wrongful death claim, as long as the death was caused by another person’s wrongful act. The case is filed by the deceased…
How does a police report and criminal investigation affect a wrongful death lawsuit? – North Carolina Short Answer In North Carolina, a police report and criminal investigation can strongly influence a wrongful death lawsuit, but they do not control it. The civil case is separate from the criminal case, uses different rules of proof, and…
Can my family bring a wrongful death lawsuit if our relative was intentionally shot by a romantic partner? – North Carolina Short Answer Yes, North Carolina law allows a wrongful death lawsuit when a person’s death is caused by another person’s wrongful act, including an intentional shooting. However, the claim is not filed by individual…
What kinds of damages can be recovered in a wrongful death case involving a shooting? – North Carolina Short Answer In North Carolina, a wrongful death claim can seek damages for the financial and personal losses caused by the death, including medical and funeral expenses, the decedent’s pain and suffering (if any occurred before death),…
Can I still pursue a claim if I’m still on medication and not fully recovered? – North Carolina Short Answer Yes. In North Carolina, a person can usually start pursuing an injury-related claim even while still treating, taking medication, and not fully recovered. The key is to protect the filing deadline (often three years for…
How can I get medical treatment set up if the clinic says they need a referral letter or imaging records first? – North Carolina Short Answer In North Carolina, clinics often will not schedule certain specialists, physical therapy, or advanced imaging until they receive (1) a referral/order from a treating provider and (2) prior imaging…
