Reclaiming Your Life after a Devastating Accident

Filing A Wrongful Death Lawsuit: Three Things To Know

by Stacy Dean

Losing a loved one due to the wrongful actions of another can be emotionally painful, and it can also cause numerous expenses that you and your family would not otherwise incur. If you have lost a loved one due to the actions of another person, you may be able to file a wrongful death lawsuit. Hiring a personal injury lawyer is a good first step toward building a case and making the person responsible financially responsible for his or her actions. Here are a few things you need to know about filing a wrongful death lawsuit in North Carolina.

Statute Of Limitations

Like some other states, North Carolina limits the amount of time you can wait before filing a lawsuit. You may not be sure about filing a lawsuit right away, but you can take some time to consider your potential courses of action. The state allows you to file up to two years after the date of your loved one's death. Even if you have plenty of time before the statute of limitations runs out, consider hiring a personal injury attorney to discuss your case to see if it has merit and to see what steps you will need to take when and if you take legal action.

Expected Damages

It's a good idea to know what the maximum expected outcome of the case can be, as this will help you to determine whether or not you want to file a case. Your lawyer can help you to determine what amount is appropriate to ask for, and he or she can provide you with the rates you will be charged for legal representation. In North Carolina, caps on damages for noneconomic costs, such as pain and suffering, do not apply if the defendant's conduct caused the death, whether it was through reckless, negligent, fraudulent, or intentional conduct. You can sue for burial and funeral costs, medical costs, and loss of income as well as for loss of companionship or services (such as those provided by a parent to a child).

People Who Can Sue

The people who typically sue on behalf of a deceased individual include the surviving spouse or children, or in cases where a child has died, the parents can sue. If the estate has a representative, the representative can be named as a plaintiff in the lawsuit. This person can file the lawsuit on behalf of the deceased person even if he or she is not a direct relative. If you are the representative of an estate and want to help the family by filing a lawsuit, discuss these details with your personal injury attorney to find out which steps you should take to help with the case.

Your personal injury attorney can help you to navigate the complex steps involved in filing a civil suit and help to get your family the financial justice you deserve after the death of your loved one. Contact a firm, like The Reed Noble Law Firm PLLC, to get more help.