Who can file a wrongful death claim?

In North Carolina, wrongful death claims can be brought by the decedent’s surviving spouse, child, parent, or personal representative, or if none of these people exist, then the wrongful death claim can be brought by any relative who depended on the decedent for support or services. To be eligible to file a wrongful death claim, the deceased must have passed away as a result of another’s negligence. This could include medical malpractice, defective products, car accidents, someone intentionally harming the deceased, or any other form of negligence. In order to file a wrongful death claim, the person bringing the case must show that the deceased’s death was caused as a result of another’s negligence. This means that the plaintiff must be able to show that the defendant’s action or inaction was a direct cause of death and that the defendant is legally responsible. In addition, the plaintiff must also be able to provide evidence that the deceased person had family members such as a spouse, child, or parent who were financially dependent on the deceased. In North Carolina, a successful wrongful death claim may result in damages for the surviving family members. These damages could include hospital and funeral costs, lost wages, and pain and suffering. In cases involving negligence, the defendant may also be responsible for punitive damages. Punitive damages are intended to punish the defendant for their wrongful conduct and are in addition to the other damages.

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