Charlotte Personal Injury Attorney on Who Can File a Wrongful Death Suit
When a person dies in an accident involving negligence or fault, the victim's family members often want to take legal action against the negligent party. Filing a wrongful death lawsuit can help the family secure compensation to make up for the medical expenses associated with their loved one's death.
According to Yale Haymond Law PLLC, not every family member has the right to file a wrongful death lawsuit in North Carolina. The law firm explains who can file a wrongful death suit.
Who Can File a Wrongful Death Suit in Charlotte?
North Carolina's wrongful death statute dictates that only a decedent's representative can file a wrongful death lawsuit. A personal representative is the decedent's estate administrator or executor and is responsible for distributing the estate of the deceased.
The decedent may have appointed a person to this position in their will; often, a personal representative is a person's spouse, adult child, or attorney.
While some other states allow immediate family members to file for wrongful death, in Charlotte, and throughout North Carolina, only the personal representative can do so.
What If The Decedent Did Not Appoint a Personal Representative in Charlotte, NC?
The decedent may not have appointed a a specific person to the role of personal representative in their will. In this case, the victim's family should speak with a personal injury attorney in Charlotte about petitioning the court to appoint someone to this role.
The court may agree to allow a close family member to pursue the wrongful death claim in place of a previously appointed personal representative.
Who Do the Funds in a Wrongful Death Lawsuit Go To in Charlotte?
Only the personal representative can file a wrongful death lawsuit in Charlotte, but they won't necessarily keep all the funds they secure. Typically, the judge would divide these funds among the victim's surviving spouse, children, and grandchildren.
Wrongful death lawsuits can cover a wide range of both economic expenses and non-economic losses, such as:
- Funeral and burial expenses
- Loss of income
- Loss of services
- Pain and suffering
- Punitive damages.
Seek Assistance From a Charlotte Personal Injury Attorney
Anyone wondering, "Who can file a wrongful death suit?" should contact a Charlotte personal injury attorney for assistance. An attorney can guide the victim's family through the filing process within the statute of limitations to pursue fair compensation.
Yale Haymond Law PLLC is committed to helping families seek justice for wrongful death. Interested parties can contact 704-800-HELP for legal assistance.
