Wrongful Death Court Approval – Why?

I was recently asked why, when attempting to settle a wrongful death claim in North Carolina, we would have to have the court approve the settlement before finalizing the matter.

The answer was easy:  That’s what the statute says we have to do.

But why does the statute say that?  The most compelling answer I can give is for transparency.  Anytime the court seeks to approve a settlement the motivation is to make it all as clear and above-board as possible.  This is most often seen in the settlement of cases for minors.  The law does not require court approval for minor settlements, but plaintiff and defendant attorneys generally see the benefit in doing so.

In the case of injuries to minors, especially when there is significant money involved, it makes sense to have the court give it a stamp of approval.  All sides want to make sure that the matter is finalized, and plaintiffs’ attorneys at least want to make sure that the settlement is deemed fair and reasonable by a court.

In wrongful death cases, it’s more about the potentially affected parties than anything else.  In death cases there might be heirs or others that were in some way harmed by this death as well, and the court approval gives them two things: It gives them a chance to speak up, and if it’s after the fact it gives them a chance to appeal to Superior Court to seek redress.

Court approval is just about transparency.  It only makes sense to make sure everyone knows how a case is resolved so no one is left in ignorance.