If your loved one died from injuries sustained in an accident, your family may have grounds for a wrongful death claim. Before you start building the suit, though, it’s wise to review state law so you know what to expect during the proceedings. Here’s what all potential claimants should know about these delicate legal cases in North Carolina. 

Defining Wrongful Death 

The term is used to classify a death that occurs as the direct result of another party's negligent, reckless, or malicious behavior. Scenarios that often warrant suits include drunk driving accidents, medical malpractice instances, and violent altercations. Generally speaking, if the victim would have had grounds for a personal injury claim had he or she survived, the family has the legal standing for a wrongful death suit. 

Understanding Filing Restrictions 

In the state of North Carolina, there are several restrictions when it comes to filing suit. For example, only the personal representative of the deceased’s estate may bring the case to court. Any payouts that result are then distributed among applicable beneficiaries as determined by the laws of intestate succession (even if the deceased had a will).

There are also strict filing deadlines. The standard statute of limitations in North Carolina is two years. If the personal representative fails to file a formal suit within two years of the date of death, the court will inevitably dismiss the case. 

Estimating Total Damages 

North Carolina allows for both compensatory and punitive damages to be awarded in successful wrongful death suits. Compensatory damages encompass medical bills incurred prior to the passing, any pain and suffering the deceased experienced, funeral and burial costs, lost income and benefits, and the loss of services, protection, care, society, companionship, comfort, and guidance. As for punitive damages, they’re capped at $250,000 or three times the total compensatory damages, and they may only be awarded if the liable party’s conduct constituted malice or willful negligence. 

The compassionate attorneys at Hill & Hovis understand the emotional and financial impact that a wrongful death can have on the whole family. That’s why you can count on their seasoned team to fight tirelessly for the compensation you deserve. Based in High Point, NC, this firm is backed by more than 60 years of experience in the legal profession. To learn more about the services they provide, visit their website. To schedule a consultation with a personal injury lawyer on their team, call (336) 883-6000.