Who Can File a Wrongful Death Lawsuit?

gravestone with flowers on it

Losing a loved one due to someone else's negligence or intentional actions is devastating. In such cases, filing a wrongful death lawsuit can help provide justice and financial compensation for the surviving family members. However, understanding who can file a wrongful death lawsuit and the legal requirements involved can be complex. In this blog, we will provide you with a guide to help you navigate through the process of filing a wrongful death lawsuit in North Carolina.

Who Can File a Wrongful Death Lawsuit in North Carolina?

1. Spouse & Children:

In North Carolina, the spouse and children of the deceased person have the primary right to file a wrongful death lawsuit. If the deceased person was married, their spouse has the exclusive right to file the lawsuit. If there are surviving children, they have the right to file the lawsuit if there is no surviving spouse.

2. Parents & Siblings:

If the deceased person was not married and had no children, the right to file a wrongful death lawsuit passes to their parents. If the parents are deceased, the right then extends to the deceased person's siblings.

3. Personal Representative:

If there are no surviving spouse, children, parents, or siblings, the personal representative of the deceased person's estate can file the wrongful death lawsuit on behalf of the estate.

Legal Requirements for Filing a Wrongful Death Lawsuit

1. Time Limitations:

It is crucial to be aware of the statute of limitations for filing a wrongful death lawsuit in North Carolina. Generally, the lawsuit must be filed within two years from the date of the deceased person's death. Failing to file within this time frame may result in the case being dismissed.

2. Proving Negligence or Wrongful Conduct:

To successfully pursue a wrongful death lawsuit, you must establish that the death was caused by the negligence or wrongful conduct of another party. This requires gathering evidence, such as witness statements, medical records, and expert opinions, to demonstrate the defendant's liability.

3. Damages & Compensation:

Understanding the types of damages and compensation available in a wrongful death lawsuit is crucial. These may include medical expenses, funeral costs, loss of income and benefits, loss of companionship, and emotional distress. Consulting with an experienced wrongful death attorney can help you determine the appropriate compensation you may be entitled to.

Shane Smith Law Is Here for You In Your Time of Need

Losing a loved one is undoubtedly an emotional and challenging experience. Knowing who can file a wrongful death lawsuit and the legal requirements involved can help you seek justice and obtain the compensation you deserve. If you find yourself in such a situation, it is essential to consult with a knowledgeable wrongful death attorney who can guide you through the legal process.

At Shane Smith Law, we have a team of experienced attorneys who specialize in handling wrongful death cases. Our compassionate and dedicated team is here to support you during this difficult time. Contact us today to schedule a free consultation and learn more about your rights and options.

Call Shane Smith Law now at (980) 246-2656 or send us a message online.

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