Often people have questions about wrongful death claims not just because of financial worries, but because of their concern that their loved one’s death could have been prevented. Unfortunately, there are many situations where the negligence of another party has led to a person’s death. This is the basis for wrongful death claims.
What Is Required for a Wrongful Death Claim?
North Carolina law states that a wrongful death case can be filed if a person dies due to the neglect or wrongful act of another (person or business entity) in a situation where the decedent could have filed a personal injury lawsuit if they’d lived. The estate’s personal representative is the only person who can file such a claim, and the state must be opened at the time, so it’s important to consider a wrongful death claim before the estate closes. There is also a statute of limitations of two years from the date of the decedent’s death.
Wrongful death suits can be filed for a variety of accidental deaths caused by another party, including medical malpractice, motor vehicle accidents, plane or train crashes, drownings, construction site accidents, or other workplace accidents. They can also sometimes be filed when the other party committed an intentional act to hurt another, with or without criminal charges.
How Do You Prove Liability in a Wrongful Death Case?
There are three things that need to be proven for a judge or jury to find a plaintiff liable in a wrongful death case:
These are the three basic factors that an wrongful death attorney will consider in determining if you qualify for a wrongful death case. If you’re wondering if you qualify, the best thing to do is contact a personal injury lawyer who offers free consultations. They will ask questions to determine if there is enough evidence to prove the standards listed above, then advise you on your options. Remember that even if your attorney believes there is enough evidence, you won’t be able to file a suit if you are not the estate’s personal representative, so you may also need to speak with an estate attorney.