In North Carolina, a wrongful death lawsuit can be filed when someone’s death is caused by the negligent, reckless, or intentional actions of another person or entity. However, not just anyone can file this type of lawsuit.
Who can file a wrongful death lawsuit?
The personal representative of the deceased person’s estate is the only one who can file a wrongful death lawsuit. This representative is typically named in the deceased’s will or appointed by the court. While this representative is the one who files the lawsuit, the damages recovered from the case can benefit the deceased’s surviving family members.
What family members can benefit from a wrongful death claim?
While the personal representative files the lawsuit, the surviving family members are the ones who stand to benefit from the recovery. In North Carolina, these family members can include:
- Spouse: The surviving spouse may receive compensation for the loss of their partner, emotional distress, and other damages.
- Children: Surviving children can receive compensation for the loss of a parent, as well as emotional pain.
- Parents: If the deceased person did not have a spouse or children, parents may be able to recover damages.
If the deceased had no immediate family members, like a spouse or children, other relatives, such as siblings, may be eligible to receive compensation under specific circumstances.
What damages can be sought in a wrongful death lawsuit?
The personal representative of the estate may seek several types of damages on behalf of the deceased’s survivors. These may include compensation for funeral expenses, medical costs before death, loss of income, loss of companionship, and emotional distress.
Wrongful death cases have specific eligibility requirements. Understanding who is eligible and what damages can be sought helps ensure that the right individuals seek justice and financial relief after a tragic loss.
