Legal Blog


Wrongful Death Claims In North Carolina: A Quick Guide!

Nothing compares to the devastating loss of a loved one. If the person died in an accident that was someone’s fault, the rightful family members can file a wrongful death claim and seek compensation for the losses. There’s no denying that nothing can bring back the person, but given that the family is probably dealing with unforeseen financial losses, the settlement can be useful. In such circumstances, it is best to consider talking to a wrongful death lawyer, and you can learn more here about scheduling a free consultation session. For your help, here’s more about wrongful death in North Carolina.

The basics

In simple words, a wrongful death claim allows the family members of a deceased person to take legal action against the at-fault party accountable for the mishap. There are several situations when one may have a wrongful death claim, including car accidents, truck accidents, and premise accidents. A person may have died because they were using a defective product. The claimant (the family members in such claims) is required to provide evidence that the defendant was responsible for the fatal accident.

The statute of limitations

Every state has its statute of limitations, which determines the deadline for filing a wrongful death claim. No matter whether you lost someone in a car accident or a fatal accident on someone’s property, you need to initiate legal action within two years. The deadline starts from the date of the deceased’s death, which could be a later date than when the accident happened. While two years may seem like enough time, investigating a fatal accident and gathering evidence for a wrongful death claim can take considerable time. The sooner you start, the more time you have to work on the case.

Damages you can recover

What kind of damages can you recover when seeking compensation? It depends on the facts of the case, but through a wrongful death claim, you can claim out-of-pocket medical costs that were essential before the death of the person, funeral costs, and burial costs. The grieving family member lost a companion, which is a factor that matters for the settlement.

Call a personal injury lawyer

Get an injury lawyer immediately to know whether you have the right to file a wrongful death lawsuit and the amount you can recover in a settlement. Most law firms will take your case on a contingency fee, and when you win, the lawyer will get a fixed percentage of the recovery.