Click to Call Now!919-233-0520

Triangle Area (919) 233-0520 Triad Area (336) 285-6044

Blog Categories

Statute of Limitations for Filing a Wrongful Death Claim

It is difficult to think about legal issues when you mourn the loss of a loved one, but it is important to talk to a lawyer in North Carolina if you believe that the death of your loved one was caused by the negligence of another person or entity. A lawyer can assess whether you have a recoverable claim and take care of the details.

North Carolina Wrongful Death Limitation Statute

You only have two years to file a wrongful death lawsuit in North Carolina. Wrongful deaths can occur in a variety of situations, including:

Filing a wrongful death lawsuit can be complex, so it is important to have an experienced lawyer who can guide you through the process.

What You Need to Know About Wrongful Death in North Carolina

North Carolina has a specific law related to wrongful deaths. The statute is NCGS § 28A-18.2. Under these provisions, it is typical to have an estate created with the clerk's office in the county of your loved one's residence.

If your loved one has a will, the will can determine who will serve as the estate administrator. Usually, we see that the spouse or an adult child serves as an administrator. In this process of the creation of an estate, family members will be named as possible beneficiaries of the proceeds of action for wrongful death.

The estate serves as the entity that has the right and ability to continue the action and the estate administrator is the one that has the right to retain them as the estate attorneys and all possible beneficiaries.

The estate has the right to recover money for damages on behalf of a loved one and surviving relatives or beneficiaries. It is important to keep in mind that the recovery of a claim for wrongful death is not considered a gain in equity, so it is not subject to payment of other inheritance debts.

The damages payable in a wrongful death case are established by law as follows:

Contact a Wrongful Death Attorney TodayThe most challenging and difficult cases of wrongful death involve the death of children and young parents due to the severity of the permanent emotional impact of parents, children, and other beloved family members. No amount of money can replace a life, and sometimes we are limited by the amount of insurance and in some cases, the earnings of the guilty. If you have lost a loved one due to another person’s negligence, contact the attorneys at the Law Office of D. Hardison Wood today to schedule a consultation.

This entry was posted in Wrongful Death.