Losing a loved one because of someone else’s carelessness or negligence, can cause a lot of grief mixed with anger. The grieving family should be able to deal with the tragedy in peace, but unfortunately, they are expected to also conduct a legal battle to hold the at fault party accountable as well as demand compensation for wrongful death. The claim can lessen at least the financial burden as well as provide emotional closure by serving justice.
Here are a few things to know about wrongful death lawsuits:
Is there a statute of limitations on a wrongful death claim in North Carolina?
Wrongful death claims must be filed within two years after the person’s death according to North Carolina’s statute of limitations.
Who can file a wrongful death claim?
In North Carolina, the only individual who has the legal right to file a wrongful death claim is the personal representative of the victim’s estate, which is either the Executor or Administrator of their will. An estate must be opened in order to file a wrongful death claim.
How are wrongful death settlements paid out in North Carolina?
The wrongful death compensations are distributed based on succession, but don’t become a part of the victim’s estate. This means that the proceeds will not be used to pay debts to creditors but will be distributed among individuals that might’ve been otherwise disinherited in the victim’s Last Will.
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What can an attorney do for you in the event of a loved one’s wrongful death?
Hiring a professional attorney can prove to be very useful in this difficult time, as there would be a lot of paperwork to deal with. Firstly, your lawyer would investigate the accident to help determine the party at fault. Then gather information on how the loss has impacted the family in financial, emotional, and physical ways. Based on that information your lawyer would file a wrongful death claim against the at-fault party in order to seek compensation for the losses suffered by the family. If necessary, negotiate with insurance companies on the family’s behalf or represent them in court.
Separately, if those things hadn’t been settled prior to the victim’s passing, their estate needs to be managed before being distributed among surviving heirs.
This is a trying time for any family, as no one is ever prepared for accidents. Shock, loss, grief, make it very difficult to be able to focus on paperwork and legal procedures. Leave that part to a professional attorney and give yourself space and grace to process the life altering event.
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As a victim of negligent behavior that resulted in a personal injury, being represented by a lawyer gives you a much better chance of receiving the full compensation that you are entitled to. At Ambrosino Law, we know how to handle any nuances of a personal injury case and thoroughly assess your damages.