Probate Q&A Series

How Can I Correct My Name in an Obituary and Find a Civil Attorney for Emotional Distress Claims in North Carolina?

Detailed Answer

1. Correcting Your Name in an Obituary

Seeing your name printed incorrectly in an obituary can cause confusion and distress. While no specific North Carolina statute governs obituary corrections, you can follow these practical steps:

  1. Contact the Publisher or Funeral Home: Reach out promptly to the newspaper, online service or funeral home that published the obituary. Most publishers maintain a corrections policy. Explain the error and request a correction or supplemental notice.
  2. Provide Proof of Your Legal Name: Share a copy of your driver’s license, state ID or other government-issued document. If you have legally changed your name, include the certified court order under N.C. Gen. Stat. § 101-1.
  3. Request a Written Confirmation: Ask the publisher to send you a written or emailed confirmation of the correction. Retain this for your records.
  4. Follow Up on Online Platforms: If the obituary appears on social media or an online memorial site, post the correction or ask the site administrator to update the text.
  5. Consider a Legal Name Change (if Needed): If the obituary error reflects an earlier mistake in your legal records, you may need to file a petition in your county’s superior court under N.C. Gen. Stat. § 101-1 to correct your name officially. Once the court issues an order, send the certified order to all relevant publishers.

2. Finding a Civil Attorney for Emotional Distress Claims

Emotional distress claims arise when someone’s wrongful conduct causes severe mental suffering. North Carolina recognizes two primary types:

  • Intentional Infliction of Emotional Distress (IIED): Requires conduct so extreme and outrageous that it exceeds all possible bounds of decency.
  • Negligent Infliction of Emotional Distress (NIED): Involves careless behavior that leads to serious emotional harm, often tied to physical injury or the reasonable fear of it.

To find a qualified civil attorney in North Carolina who handles emotional distress claims:

  1. Search the North Carolina State Bar Directory: Visit the NC State Bar’s online lawyer directory. Filter results by practice area for personal injury or civil litigation.
  2. Review Credentials and Experience: Look for attorneys who regularly handle tort cases, including emotional distress. Check their firm websites for case results and client testimonials.
  3. Confirm Licensing and Good Standing: Verify the attorney’s license status and disciplinary record through the NC State Bar website.
  4. Schedule Consultations: Many attorneys offer a free or low-cost initial meeting. Prepare questions about their experience with emotional distress cases, fee structure (hourly vs. contingency) and expected timeline.
  5. Evaluate Communication Style: Choose an attorney who listens to your concerns, explains legal concepts clearly and updates you regularly on case progress.

Key Takeaways

  • Contact the original publisher or funeral home immediately to request an obituary correction.
  • Provide proof of your legal name or a certified court order under N.C. Gen. Stat. § 101-1.
  • Follow up on both print and online versions to ensure the correction appears everywhere.
  • Use the NC State Bar’s lawyer directory to find attorneys experienced in emotional distress claims.
  • Verify credentials, review fee arrangements and choose a lawyer who communicates clearly.

Need Legal Help?

If you need assistance correcting an obituary error or pursuing an emotional distress claim, turn to Pierce Law Group. Our attorneys have extensive experience guiding North Carolinians through these sensitive matters. Contact us today by email at intake@piercelaw.com or call us at (919) 341-7055. Let us protect your rights and bring you peace of mind.