What is the statute of limitations for filing a wrongful death claim?
In North Carolina, the statute of limitations for filing a wrongful death claim is two years from the date of the death or from the date when the legal representative of the deceased person gained knowledge of the death. The exact dates depend on the case, so filing a claim as soon as possible is recommended. If the death was the result of criminal activity, the statute of limitations is suspended until any criminal proceedings arising out of the death have been completed. In some cases, a wrongful death claim may include claims for punitive damages, which can make the process more complicated. In these cases, filing a claim within two years is still recommended. In addition, if the wrongful death was caused by a medical professional, there are specific rules that must be followed in order to file a claim. In North Carolina, action is to be taken within three years from the date of the death, unless the death was caused by a foreign object, in which case the statute of limitations is three years from the date when the foreign object was discovered. Ultimately, it is important to consult an attorney as soon as possible in order to ensure that the proper paperwork is filed in a timely manner, and that the statute of limitations is respected.
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