Charlotte Injury Lawyers Blog
How Long Do We Have to File a Wrongful Death Claim?
The sudden or unexpected death of a loved one is traumatic for the whole family. It is even more difficult when the death occurred due to the negligence of someone else. When a family member dies as a result of someone’s wrongdoing, you may be owed compensation. In order to seek a resolution, the family may need to file a wrongful death claim. An experienced wrongful death attorney can help guide you through the process.
What is “Wrongful Death”?
Wrongful death is a civil legal claim brought by the family of a loved one who died as a result of negligence or wrongdoing. A wrongful death claim is a civil lawsuit that requests damages caused by the loss of a loved one. These may include economic, non-economic, and punitive damages. In order to have a successful case, you must prove that negligence occurred, which caused the death, and that the death resulted in damages. There are four main elements of a wrongful death cas,e including:
- Duty of Care
- Breach of Duty
- Causation
- Damages
In a civil lawsuit such as this, you must prove the elements of the claim by a preponderance of the evidence. This means that it is more likely than not that the person or entity wrongfully caused the death of another.
Who Can File a Wrongful Death Claim?
After a wrongful death occurs, the estate of the deceased individual has the authority to file a lawsuit on their behalf. This may be the administrator or personal representative as appointed by the court or by the individual themselves prior to their death. The administrator in charge of the estate may be a relative, but that is not a requirement. Family members may request that the administrator file a wrongful death claim, and that will be done if it is appropriate to do so. The administrator may consult with an attorney to determine the available options.
When to File a Wrongful Death Claim
It is important to note that North Carolina law limits the time to file a wrongful death claim. In general, the statute of limitations for a wrongful death claim is two years from the date of the death. There may be some limited exceptions to this time limit, so it is best to consult with an attorney as soon as possible. Keep in mind that these types of cases can be quite complex and require a lot of investigation and information gathering. Some types of information can be lost as time goes on. Therefore, it is always a good idea to allow for as much time as possible to obtain details of the case before you begin the legal process.
Many times, wrongful death claims may be settled outside of court. However, if a settlement cannot be reached, the case may proceed to court. If your loved one died as a result of someone’s negligence, you will want to speak with an attorney immediately to review the case and find out your options. To learn more, contact our skilled legal team at Arnold & Smith, PLLC, at (704) 370-2828 to schedule a free initial consultation.
The skilled personal injury attorneys at Arnold & Smith, PLLC, are dedicated to maximizing financial recovery and obtaining justice for every personal injury client injured by another party’s negligence. The issues our personal injury clients may be facing include, but are not limited to, slip and fall injuries, wrongful death, product liability, catastrophic injuries, dog bite claims, car, and truck accident injuries, motorcycle injuries, traumatic brain injury (TBI), nursing home negligence, spinal cord injury, boating accidents, and defective medical device injury. Our personal injury attorneys understand the devastating impact such an injury can have on a person’s life and that the effects often go beyond physical pain and suffering. The personal injury attorneys at Arnold & Smith, PLLC, are dedicated to helping clients determine their claims’ strength and aggressively pursuing the means necessary to achieve the best possible end result for each client’s particular situation.
Source:
https://www.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_1/gs_1-53.html
https://www.law.cornell.edu/wex/wrongful_death
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