According to GS §28A-18-2, the decedent’s personal representative or collector can file a wrongful death claim in North Carolina and pursue compensation for damages. In many cases, the personal representative is:
- The decedent’s husband or wife
- The decedent’s child or children
- The decedent’s mother, father, or legal guardian
- The decedent’s legal heir
Our law firm handles wrongful death cases, so if you are unsure about whether you are eligible to file, one of our team members can review the case for free. We can have a wrongful death lawyer from our team help pursue compensation from the liable party or parties and fight to hold them accountable.
In This Article
Eligible Surviving Loved Ones May be Able to Receive Compensation for Damages
If you qualify to file a wrongful death claim or lawsuit in North Carolina, our team can help divide the damages into their respective categories and calculate their total worth. In doing so, we can gauge an approximate value of your case and negotiate a settlement based on these calculations or pursue this total in court.
Compensable damages are generally categorized as economic or non-economic losses, which we will explain below.
As its name suggests, economic damages apply toward any damage that already has a financial value. We can prove these damages with receipts, invoices, banking statements, tax forms, and other financial records.
These damages may include:
- Funeral expenses: The cost of your loved one’s funeral services, including costs for their burial or cremation, may be compensated.
- Medical expenses: If your loved one underwent medical treatment before their injuries became fatal, you may be able to recover the medical debts inherited from them.
- Income loss: If your loved one was a financial contributor to the family, we may fight for their loss of income and benefits. This can apply to past and future income.
- Property damage: If your loved one’s death involved property damage, such as vehicle damage in a car accident, you may be able to recover the costs to fix or replace the property.
- Other care services: If your loved one’s death brought on the burden of having to pay for other care services due to their absence, such as childcare services, you may receive compensation for these expenses.
Any damage that does not have a financial value will have to be assigned one; however, these damages may be subject to caps. Our team can explain how much compensation you may be entitled to pursue within this category during a future consultation.
Non-economic damages may include:
- Pain and suffering
- Loss of companionship
- Loss of parental guidance
- Loss of society
- Loss of consortium
You may be eligible for other physical or emotional damages not listed here. As you speak with our team, feel free to be as open about your grievances as possible. We aim to listen with compassion. Our goal is to fight for compensation that fairly covers your damages.
Our Legal Team can Handle Most – If Not All – Legal Tasks for You
When you become a client at our law firm, we want to relieve you of the legal burden of preparing a civil case. This means we offer to:
- Identify who may be liable for your loved one’s death and subsequent damages
- Recover evidence to support the claims made in the case
- Prepare legal paperwork for the case and file within the deadlines
- Speak with interested parties about the case on your behalf so that it remains protected
- Attend negotiation meetings to argue for your interests and potentially reach a settlement
- Present the wrongful death case in court if necessary
You do Not Have Much Time to File a Wrongful Death Case
Many people choose to file a wrongful death claim in North Carolina in hopes of reaching a settlement with the liable party’s insurance company. However, in some cases, it may be necessary to pursue a lawsuit against the liable party. An insurer may be uncooperative with meeting the settlement terms, or the policy may not be enough to cover damages.
Should you decide to file a wrongful death lawsuit, you generally have two years from the loved one’s death to do so, per GS §1-53. If you do not comply with this deadline, you might jeopardize your ability to pursue compensation through North Carolina’s court system because:
- A judge might dismiss the case upon seeing it was filed past its filing deadline.
- The opposing party might file a request to have the case dismissed and have it granted due to late submission.
Our team can help file your case within its legal parameters. We will look at relevant reports or records to determine the filing window, then notify you as the deadline approaches.
Our Legal Team can Help File a Wrongful Death Claim in North Carolina
If you are looking for a lawyer to help you file a wrongful death claim after losing a loved one, consider our team at Farmer & Morris Law, PLLC. We offer a free case review when you call and can explain who may be entitled to compensation in your case. Start working with a wrongful death lawyer from our team today.