What information does the other driver’s insurance company need to open or locate a claim? – North Carolina Short Answer In North Carolina, the other driver’s insurance company typically needs enough identifying details to match the loss to a policy and a reported incident—most often the insured driver’s name, the date and location of the…
How do I prove my injuries if I didn’t go to the hospital or see a doctor right after the wreck? – North Carolina Short Answer In North Carolina, a delay in medical treatment does not automatically prevent an injury claim, but it usually makes proof harder. The core issue becomes causation: showing the crash…
What can my child recover for ER treatment and follow-up care after a car crash? – North Carolina Short Answer In North Carolina, a child injured in a car crash can typically seek compensation for reasonable and necessary ER treatment and related follow-up care that was caused by the crash. In many cases, the medical-expense…
How do I start a wrongful death case after my child was hit by a car and killed? – North Carolina Short Answer In North Carolina, a wrongful death case is started by the child’s estate’s personal representative (not automatically by a parent) and is usually filed as a civil lawsuit in Superior Court. A…
Can I file a wrongful death lawsuit if my family member was killed in a homicide? – North Carolina Short Answer Yes. In North Carolina, a homicide can support a civil wrongful death lawsuit, even if there is also a criminal case. The wrongful death claim must be filed by the decedent’s estate representative (not…
Who is allowed to bring a wrongful death claim for a child, and do both parents have to agree? – North Carolina Short Answer In North Carolina, a wrongful death case is brought by the child’s estate’s personal representative (the executor or administrator), not automatically by a parent. Parents are often the people who ask…
Who is allowed to file a wrongful death case when someone dies unexpectedly? – North Carolina Short Answer In North Carolina, a wrongful death lawsuit must be filed by the decedent’s personal representative (the executor named in a will or the administrator appointed by the Clerk of Superior Court). Family members such as a spouse,…
How long do I have to file a wrongful death lawsuit after a fatal car crash? – North Carolina Short Answer In North Carolina, a wrongful death lawsuit generally must be filed within two years of the date of death. The case must be brought by the deceased person’s personal representative (the estate’s executor or…
What is the difference between a survival action and a wrongful death claim, and can I bring both? – North Carolina Short Answer In North Carolina, a wrongful death claim seeks damages suffered by the decedent’s beneficiaries because of the death, while a survival action seeks damages the decedent could have recovered if they had…
What should I be doing in the meantime while we wait for the wrongful death claim to move forward? – North Carolina Short Answer In North Carolina, the personal representative should keep the estate’s probate administration current while the wrongful death claim is pending. That usually means staying on top of required filings with the…
