Who can file a wrongful death lawsuit in North Carolina?

On Behalf of | Jan 30, 2025 | Wrongful Death |

People who lose loved ones unexpectedly face many challenges. The emotional adjustment to that loss can take months, if not years. There are also countless practical matters to address. Families have to rework their budgets to account for a loss of income. They may have to redistribute household labor.

In some cases, they may also want to push for justice. State statutes allow those affected by a tragedy to hold a business or individual accountable by filing a wrongful death lawsuit. A successful lawsuit can result in financial compensation and can give families a sense of closure.

Who has the option of filing a wrongful death lawsuit after a tragedy in North Carolina?

Only one person has the legal authority necessary

There could be dozens of people directly affected by an individual’s premature death. Their business partners, close friends and extended family may all experience personal and practical consequences.

However, the law limits wrongful death litigation by requiring that the personal representative of the deceased party’s estate file the lawsuit. They pursue compensation on behalf of the deceased person’s estate. They request a specific amount in damages based on the losses sustained by the immediate family members and dependents of the deceased individual.

They then use any compensation awarded by the courts to cover the estate’s financial obligations before distributing what remains to immediate family members of the deceased party. Typically, there needs to be evidence of omissions, defaults, negligence or misconduct on the part of the party blamed for the tragedy for the lawsuit to result in an award of compensation.

Discussing the circumstances that led to a tragedy with a skilled legal team can help families determine if they have grounds for a wrongful death lawsuit. Litigation can help families limit the long-term losses they might otherwise suffer after a tragic, premature passing.