Who Can File a Wrongful Death Claim in North Carolina?

No experience is like the trauma of losing a loved one. In addition to the heartache, some families face financial hardship because the deceased was a primary source of income. If the death was the result of another person’s negligence, then a family representative may be able to recover compensation from the at-fault party by filing a wrongful death claim.

If your family member died due to another person’s negligent or reckless actions, contact Tien Law Firm. A Raleigh personal-injury lawyer can gather evidence, structure your claim, handle settlement negotiations and fight for the maximum compensation.

Call 888-988-6613 to schedule a free consultation. Until then, read on to learn more about wrongful death claims in North Carolina:

What Is a Wrongful Death?

According to North Carolina General Statutes, a wrongful death happens when a person dies due to the fault of another. The liable party may be a person or an organization, such as a company. The death does not have to be intentional to constitute wrongful death. Several types of accidents can justify a wrongful death claim, including a motor vehicle accident.

What Damages May Be Available in a Wrongful Death Claim?

The family representative can pursue damages for both economic and non-economic damages. These may include:

  • Pain and suffering;
  • Loss of care or guidance;
  • Loss of companionship or emotional support;
  • Funeral expenses;
  • Medical bills;
  • Lost income; and
  • Property damage.

Who Can File a Wrongful Death Claim in North Carolina?

According to North Carolina General Statues one person, who is usually a family member – can file the claim. The representative may be the executor or administrator of the deceased’s estate.

In some cases, a criminal case takes place in addition to the wrongful death claim. The outcome of the criminal case will not necessarily affect the outcome of the civil case.

What If the Deceased Was Partially at Fault?

North Carolina is a contributory negligence state, so the family representative may be barred from any recovery if the decedent is determined to be 1% or more at fault. North Carolina’s harsh contributory negligence law is one of the main reasons to seek skilled legal representation to help you and your family navigate the legal system.

If your loved one died due to another person’s negligence, contact Tien Law Firm. Wrongful death cases are notoriously complex, but our personal-injury attorneys at Tien Law Firm can help you navigate the legal process. Call 888-988-6613 to schedule a consultation.

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