Losing a loved one is a deeply painful experience. When that loss happens unexpectedly due to the actions or negligence of another person or entity, the emotional toll can be overwhelming. In such cases, families often seek justice through a wrongful death lawsuit. In North Carolina, the process of filing a wrongful death lawsuit is complex and requires careful attention to detail. This guide walks through the necessary steps, helping you understand what’s involved when you decide to pursue justice on behalf of a loved one.
Understanding Wrongful Death in North Carolina
Before delving into the steps, it is important to understand what constitutes wrongful death under North Carolina law. A wrongful death occurs when a person dies due to the wrongful act, neglect, or default of another. Essentially, if the deceased had survived and would have been able to file a personal injury lawsuit, their family has the right to file a wrongful death claim on their behalf. Wrongful death lawsuits are meant to provide compensation for both the emotional and financial losses that come with the death of a loved one.
North Carolina law recognizes that the loss of a loved one affects the surviving family members in more ways than one. From the sudden absence of emotional support to the financial burden that may come from losing a provider, wrongful death claims are an avenue to seek restitution. Understanding this foundation will prepare you for the steps you will need to take when filing a claim.
Determine Eligibility to File a Wrongful Death Lawsuit
In North Carolina, not everyone is eligible to file a wrongful death lawsuit. The law specifically grants the right to bring the claim to the personal representative of the deceased’s estate. This is often an executor named in the will of the deceased, or if there is no will, a court-appointed administrator. It is important to establish who the personal representative is before moving forward. This representative will act on behalf of the family members who are affected by the death.
Family members who may benefit from a wrongful death lawsuit include the spouse, children, or parents of the deceased. In some cases, other dependents or next of kin may also have a claim. The personal representative is responsible for ensuring that the lawsuit is filed in the correct manner and that any awarded compensation is distributed according to the law.
Attorney Attorney Attorney
Michael Phillips
Marcel McCrea
Natalie Andruczyk
Collect Evidence to Support Your Claim
Once you have determined who is eligible to file the wrongful death lawsuit, the next step is gathering evidence. This is an essential part of building a strong case, as you will need to prove that the death of your loved one was the result of someone else’s negligence or wrongful actions. Evidence may include medical records, accident reports, witness statements, and any other documentation that can help establish the cause of death.
If the death occurred as a result of a car accident, for example, police reports and traffic camera footage may be critical in proving fault. In cases of medical malpractice, testimony and medical records will play a significant role in establishing liability. The more evidence you are able to collect, the stronger your case will be when presented in court. It is advisable to start this process as soon as possible, as crucial evidence may become harder to obtain over time.
Filing the Wrongful Death Lawsuit in North Carolina
After gathering sufficient evidence, the next step is formally filing the wrongful death lawsuit. This must be done in a timely manner, as North Carolina has a strict statute of limitations for wrongful death claims. Under state law, you have two years from the date of the death to file a lawsuit. Missing this deadline can result in the case being dismissed, so it is crucial to act within the allowed timeframe.
The lawsuit will typically be filed in the county where the death occurred or where the defendant resides. At this stage, having a legal guide who understands North Carolina’s wrongful death laws is essential. Your guide will ensure that all legal procedures are followed correctly and that the lawsuit is filed with the appropriate court.
The complaint, which is the legal document that initiates the lawsuit, will outline the allegations against the defendant. This document will include the facts of the case, the legal reasons for the claim, and the types of damages being sought. It is important to be as clear and detailed as possible in this document, as it sets the stage for the legal process that will follow.
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Prepare for the Discovery Phase
Once the lawsuit is filed, the discovery phase begins. This is the part of the legal process where both sides exchange information and evidence related to the case. During discovery, you may be required to provide additional documentation, answer written questions, or participate in depositions where you will give sworn testimony. The defendant will also be required to share any evidence they have, which may include their own version of events or testimony.
The discovery phase can be lengthy, as both sides gather as much information as possible to build their case. During this time, it is important to remain patient and responsive to any requests for information. Your legal guide will work with you to ensure that you understand the process and are fully prepared for each step.
Settlement Negotiations and Trial Preparation
In many wrongful death cases, settlement negotiations will take place before the case goes to trial. A settlement is an agreement between both parties to resolve the case without the need for a lengthy trial. In some cases, the defendant may offer a settlement amount to avoid going to court. While this can be an attractive option for some families, it is important to carefully evaluate any settlement offers. Your guide will help you determine if the offer is fair and in line with the damages you are seeking.
If a settlement cannot be reached, the case will proceed to trial. During the trial, both sides will present their evidence and arguments to the judge or jury. The burden of proof lies with the plaintiff, meaning that you must prove that the death of your loved one was caused by the defendant’s wrongful actions. This can be a challenging process, but with the right preparation and legal support, it is possible to achieve justice.
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Before hiring the firm, I tried to negotiate with the insurance company on my own and got no where. Marcel McCrea did an excellent job and helped me to recover much more than I expected. Marcel and his staff exceeded my expectations and provided great customer service. I highly recommend the firm!"
Receiving Compensation
If the court rules in your favor, the next step is the awarding of damages. In a wrongful death lawsuit, compensation is typically awarded for both economic and non-economic losses. Economic damages may include medical expenses, funeral costs, and lost income. Non-economic damages are more subjective and may include compensation for pain and suffering, loss of companionship, and emotional distress.
In some cases, punitive damages may also be awarded. These are intended to punish the defendant for particularly egregious behavior and to deter similar actions in the future. However, punitive damages are not available in every case and are typically reserved for cases involving willful or malicious actions.
Filing a wrongful death lawsuit in North Carolina is a complex and emotional process, but it can provide a sense of justice and closure for the family of the deceased. By following these steps and working with a legal guide who understands the intricacies of wrongful death claims, you can navigate this challenging journey with confidence. The loss of a loved one is an unimaginable pain, but seeking justice through the legal system is a way to hold the responsible party accountable.
At Phillips & McCrea, PLLC, we understand the emotional and financial toll that a wrongful death can have on a family. Our team is committed to guiding you through the legal process and fighting for the justice your loved one deserves. If you are considering filing a wrongful death lawsuit in North Carolina, contact us today for compassionate and experienced legal support. Reach out to Phillips & McCrea, PLLC, and let us help you seek the justice and compensation your family is entitled to.