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 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 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 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 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 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…
Who is eligible to receive settlement funds when a child dies in a wheelchair accident? – North Carolina Short Answer In North Carolina, wrongful death settlement funds are paid to the child’s legal heirs, not to the estate or general creditors. After allowable expenses and any required lien repayments, the balance is distributed under North…
How can I claim insurance proceeds after my child’s wrongful death? – North Carolina Short Answer In North Carolina, only a court‑appointed personal representative of the child’s estate can receive and distribute wrongful death insurance proceeds. These funds are not general estate assets; after paying limited approved expenses and any required liens, the balance must…
What are the typical timelines for probate administration before a wrongful death case can proceed? – North Carolina Short Answer In North Carolina, a wrongful death claim can be filed as soon as the Clerk of Superior Court issues Letters to a personal representative (executor or administrator). You do not have to wait for the…
What rights do I have in the estate administration when there’s no will? – North Carolina Short Answer In North Carolina, the personal representative (administrator) controls a wrongful death claim, but a settlement usually cannot be finalized without either (a) written consent of all competent adult statutory beneficiaries or (b) court approval. Net proceeds (after…