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Proper Steps To File a Wrongful Death Claim

It can be very difficult to focus on a wrongful death claim when dealing with the roller coaster of emotions that is associated with losing a loved one at the hands of someone’s negligence or actions. If you are ever in the unfortunate circumstance where it is necessary to bring a wrongful death suit for the loss of a loved one, hiring a wrongful death lawyer can help lift the burden of having to battle it out in court alone. While grieving, you are going to need someone on your side who will remain tough and see the lawsuit all the way through. 

Steps To File a Wrongful Death Claim

Under North Carolina law, an individual has two years from the date of the death of a loved to file a wrongful death law suit. The court may very refuse to hear the case altogether if it is not filed in time.

One of the first things that you are going to have to find out is if a personal injury lawsuit was already set in motion by the deceased. In North Carolina, there are survivor statutes that allow the family of the deceased to continue bringing a claim on behalf of the deceased, provided it was filed prior to their death. The lawsuit that was commenced from the deceased will not be a part of the wrongful death lawsuit, but whenever there is a settlement or trial, actions such as these are typically heard or settled together.

You will also need to consult with an attorney to see if you are permitted by law to file a wrongful death lawsuit for the deceased. Only those who have a specific relationship with the deceased have standing to bring a wrongful death suit. Only a personal representative of the deceased’s estate or an executor of their will can bring a wrongful death suit. If there is no personal representative assigned, then immediate heirs and surviving family members may bring the action, such as a spouse, parent or child.

Filing a wrongful death suit is an emotional process that takes its toll on everyone involved in the process. You need to have a strong-willed attorney to fight for you in court to ensure that justice is served. Filing a successful wrongful death lawsuit can help put some of the pieces back together after the shattering loss of a loved one. Call Campbell & Associates today for a free consultation with one of our wrongful death lawyers in the greater Charlotte, NC metropolitan area, 704.333.0885.

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