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…
Can I sue the person who caused the death even if there is also a criminal case? – North Carolina Short Answer Yes. In North Carolina, a civil wrongful death and/or survival-type claim can usually move forward even when law enforcement is investigating and the State is prosecuting a related criminal case. The civil case…
If the wrongful death case settles later, how does that affect the estate accounting and distributions? – North Carolina Short Answer In North Carolina, a wrongful death settlement is usually handled through the personal representative, but it is not treated like ordinary “estate money” for who receives it. If the case settles later, the estate’s…
If I accept a settlement, how do I find out what I’ll actually take home after Medicare reimbursement and other liens are paid? – North Carolina Short Answer In North Carolina, the only reliable way to know what will be “take-home” from a settlement is to get a written settlement breakdown that lists the gross…
What are the next steps the attorney will take after reviewing the details of the death? – North Carolina Short Answer In North Carolina, after an attorney reviews the basic details of a death that may support a wrongful death claim, the next steps usually focus on (1) confirming who has legal authority to act…
How do I know whether my situation qualifies as a wrongful death case or something else? – North Carolina Short Answer In North Carolina, a “wrongful death” case usually means a civil claim brought after a person dies because of someone else’s wrongful act, neglect, or fault. The claim is typically brought by the deceased…
