Filing a wrongful death claim in North Carolina can be complex. Many people hold misconceptions that impact their understanding and decisions. Clearing up these misunderstandings ensures you have the correct information before taking legal action.
Misconception 1: Only immediate family members can file
Many people believe that only immediate family members, like parents, children, or spouses, can file a wrongful death claim. While these individuals typically qualify to file, North Carolina law allows others, such as grandparents and siblings, to pursue a claim under certain circumstances. The key factor is whether the person filing the claim can show they suffered financial loss or emotional harm due to the death.
Misconception 2: A wrongful death claim is always settled in court
Many people assume that wrongful death claims always end up in court. In reality, most wrongful death claims settle outside of court through negotiations. Settlement offers often resolve the matter faster and avoid the emotional and financial toll of a lengthy trial. However, some cases go to trial if an agreement can’t be reached.
Misconception 3: Wrongful death claims can be filed at any time
Another misconception is that you can file a wrongful death claim anytime after the death occurs. In North Carolina, you generally have only two years from the date of the deceased person’s death to file a claim. Missing this deadline prevents you from receiving compensation, so you must act quickly and seek legal advice as soon as possible.
Misconception 4: Only the person who caused the death can be held accountable
People often assume that only the person responsible for the death can face a lawsuit. However, wrongful death claims can also target companies or organizations that contributed to the death. This includes negligent businesses, employers, or product manufacturers who can be held accountable if their actions led to the fatal incident.
Understanding these misconceptions proves important when filing a wrongful death claim. Misunderstanding the process delays your ability to secure justice and compensation for your loss.