Top 4 Things You Should Know about Wrongful Death Claims in NC
Top 4 Things You Should Know about Wrongful Death Claims in NC
1. Authority – Not just any family member can legally bring a wrongful death claim or authorize an attorney to file suit on a wrongful death claim. Only the Executor of the decedent’s estate if there is a will, or the Administrator of the estate if there is no will, have the authority to bring such a claim. But virtually anyone can qualify through the Clerk’s office to be the Administrator if there is no will, by applying after a 90 day waiting period.
2. Who can benefit? – The proceeds from a wrongful death claim would go to the heirs, not the beneficiaries of a will. Who is an heir is defined by the laws of intestate succession. It won’t matter who was written in or out of a will. For example, there may be a ne’er-do-well daughter who left home at 15 to join the carnival, never to communicate with the parents again and who was not written in the will (and may have even been specifically excluded in the will) and didn’t help take care of mom or dad in their dotage. But when there’s a parental wrongful death claim, the child still counts as an heir, so this prodigal daughter could benefit, regardless of what the will says. This can create a great amount of contention in family situations, but it’s best learned sooner rather than later.
3. What is there to get? – Damages can include things for the benefit of the decedent, as with other injury claims, like pain and suffering, medical treatment costs, lost wages. But they can also include things that the heirs might have lost or incurred, like loss of future income, loss of inheritance, loss of care and companionship, as well as funeral expenses. As you may have inferred from point number 2, the proceeds of a wrongful death claim do not pass through the will or the estate, technically.
4. Statute of Limitations – That statute of limitations in NC for Wrongful Death Claims is typically two years from the date of the death. Most negligence claims in NC have a three year window, so this reduction of 1/3 of the time allowed to review and prepare a case is a huge obstacle and should not be ignored. If you have a wrongful death claim you should act immediately, talk with an attorney, and do what needs to be done ASAP. It may seem like a lot of time, but it isn’t.
If you think you have a valid wrongful death claim or just want to ask questions about a situation, feel free to give me a call. 919-929-2992.
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