What Types of Damages are Compensable in a Wrongful Death Claim?
The Raleigh personal injury attorneys from the Whitley Law Firm are here to explain to you why this may be one of the most beneficial steps you take after your loved one suffers fatal injuries in an accident.
The law surrounding wrongful death claims in North Carolina can be extremely complex. You will need to talk to an attorney immediately to understand the proper steps to take.
Due to the statute of limitations with a wrongful death claim, a person must file the claim within 2 years of the date of the loss. The claim must be brought against the party responsible for the death by the legal representative of the decedent’s estate. The claim must be accompanied by a personal representative, appointed by the clerk, who may be a spouse, child, parent, or another relative of the decedent. Additionally, even though an executor may have been named in the decedent’s will, they may not necessarily be the representative named by the clerk.
Many types of damages are compensable after the accident occurs, including medical care and treatment prior to death, pain and suffering of the decedent prior to death, loss of income, protection, assistance, companionship, and guidance from the decedent, funeral expenses, and in some cases punitive damages.
Under the Interstate Succession Act, only 50% or up to $4,500 of the settlement may be allocated for funeral costs and medical expenses; the rest will be given to the heirs of the decedent.
Filing a wrongful death claim after an accident has claimed your loved one’s life is difficult, but can make a difference financially for your family. For more information, contact a Raleigh wrongful death lawyer at our office today.