North Carolina Wrongful Death Law

What Is a Wrongful Death Claim? A wrongful death claim is a civil suit brought when someone dies as the result of another’s negligence or intentional act. Although intentional acts are included, a wrongful death suit is separate from a criminal proceeding, such as a trial for murder or manslaughter. Wrongful death claims don’t seek to punish the defendant through the criminal court but instead seek financial damages from the defendant (or in many cases, the defendant’s insurance company). However, in some cases the same defendant may face both criminal and civil suits - for example, O. J. Simpson was…

How do I know if I qualify for a wrongful death case? Losing a loved one is an incredibly difficult experience in any situation, and for some, it can be made more stressful with financial worries. Often there are medical bills left behind, and if the deceased was the primary earner for the family, the loss of income can also be an issue. Worse, many life insurance policies barely cover funeral expenses, and then the surviving spouse has to work out how to pay the mortgage or support their children on a drastically reduced income. Often people have questions about…

What happens when you file a wrongful death suit in North Carolina? No one wants to be in the situation of having to file a wrongful death suit after the loss of a loved one. Unfortunately, sometimes circumstances arise where a person has died, and their loved ones believe another party is to blame. The deceased may have been the primary earner in the family, and their death might have left a surviving spouse and/or children with a mountain of bills and little to no income. Sometimes, people just want to get to the bottom of the events of a…

Will I have to go to court for my wrongful death case? This question is complicated and involves many factors, but the short answer is maybe. Let’s take a closer look at wrongful death cases and the considerations that go into deciding if you want to pursue one. We’ll also look at the circumstances where you might have to go to court if you are in any way involved in a wrongful death case. Wrongful Death In The State Of North Carolina First, we’re sorry for the loss you’ve experienced that’s led you to consider a wrongful death suit. Losing…

How is negligence proved in a wrongful death case? Losing a loved one is a terrible tragedy, but for some people, it may be made worse by the worry that their loved one’s death could have been prevented. Unfortunately, sometimes the actions of a person or entity can lead to an accident or other situation in which a person is killed. When this happens, family members may be left in financial difficulty, they may be concerned that the responsible party should face consequences for their actions, or both. These are the most common situations where people consult a wrongful death…