Losing a loved one is a heartbreaking experience, especially if their death was preventable. When someone’s negligence causes a person’s death, surviving family members may consider a wrongful death lawsuit. If you’re unsure what that involves, you might find it helpful to know some frequently asked questions about wrongful death cases in North Carolina.
What is a wrongful death lawsuit?
A wrongful death lawsuit allows surviving family members to seek compensation when someone else causes a loved one’s death through negligence or wrongful actions. The lawsuit aims to hold the responsible party accountable and help the family recover financially after their loss.
Who can file a wrongful death lawsuit?
In North Carolina, only certain individuals can file a wrongful death claim. Typically, the personal representative of the deceased person’s estate can file the lawsuit. This person may be appointed by the court or named in the deceased person’s will.
What damages can be recovered?
In a wrongful death case, the family may recover several types of damages. These include medical expenses related to the deceased person’s injury, funeral and burial costs, lost income, and compensation for the loss of companionship. The exact amount awarded will depend on the circumstances surrounding the case.
Is there a time limit for filing?
The state has a time limit for filing a wrongful death lawsuit. The family must file the lawsuit within two years from the date of the death. This period is called the statute of limitations, and missing the deadline could mean losing the chance to seek compensation.
How long does the process take?
The length of a wrongful death lawsuit varies based on the complexity of the case and the willingness of the parties to negotiate. Some cases may settle within months, while others could take years if they go to trial. It’s important for families to be prepared for a potentially lengthy process.
Moving forward after a loss
No amount of compensation can replace a lost loved one, but a wrongful death lawsuit can bring a sense of justice and financial relief. Understanding your rights and what to expect can help you make informed decisions during such a challenging time.