What is the difference between a wrongful death claim and a wrongful death lawsuit?
A wrongful death claim and a wrongful death lawsuit are two different ways to seek financial compensation after a loved one passes away due to the negligence of another. North Carolina wrongful death law provides avenues for families to seek justice when a loved one passes away due to the negligence of another. A wrongful death claim is a legal demand for compensation filed with the responsible party’s insurance company. Generally, in order to make a claim, the family must prove that the other party’s negligence was the cause of death. In a wrongful death claim, the family and the insurance company will negotiate for a settlement that compensates the family for any damages they have suffered due to the negligence—such as medical bills or funeral expenses. On the other hand, a wrongful death lawsuit is a case filed in court, where the family can seek a financial award from the responsible party. In a wrongful death lawsuit, the family must demonstrate, through evidence, that the other party was legally responsible for their loved one’s death. The court will consider all the evidence and then decide how much financial compensation the family should receive from the responsible party. Ultimately, a wrongful death claim allows the family to seek justice and financial compensation in a much simpler manner, while a wrongful death lawsuit requires more evidence and the case will be heard in court. In either case, North Carolina wrongful death law provides families with an avenue to seek justice when a loved one is lost due to the negligence of another.
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