Bolivia Wrongful Death Lawyer

Bolivia Wrongful Death Attorney

Losing a loved one is devastating, especially when it occurs due to the wrongful actions of another party. In Bolivia, North Carolina, if someone dies as a result of another person’s negligence or intentional misconduct, the deceased person’s estate may be eligible to file a wrongful death claim. A Bolivia wrongful death lawyer can help you hold the responsible entity accountable and compel them to compensate you and your family for your losses.

What Is a “Wrongful Death” in North Carolina?

In North Carolina, a “wrongful death” happens when someone dies because of the neglect or hostile acts of another person or party. To file a claim, this must happen in a manner that would have entitled the deceased to file a personal injury claim if they had survived. Essentially, a wrongful death claim functions like a personal injury claim; however, since the victim is no longer alive to pursue the claim, a representative must file it on their behalf.

Wrongful death claims can arise from a variety of situations, including:

• Car accidents caused by another driver’s negligence
• Medical malpractice resulting from a healthcare provider’s failure to follow proper standards of care
• Intentional acts, such as assault, which can also lead to criminal charges
• Workplace accidents where negligence or safety violations contributed to the death

While a wrongful death claim focuses on obtaining financial compensation, it differs from a criminal arrest for homicide, where the guilty party may face jail time or other penalties. However, it is possible for the same act to lead to both a criminal case and a civil wrongful death claim, allowing the defendant to both be punished criminally and held financially responsible in civil court.

Who Can File a Wrongful Death Claim in North Carolina?

Unlike in some states, where surviving relatives can directly file a wrongful death claim, North Carolina only empowers the personal representative of the deceased person’s estate to file the claim. If the deceased had a will, this individual is often referred to as the “executor.”

If the deceased individual named a personal representative in their will, this person is responsible for filing the claim. If the deceased did not leave a will, or the named representative is unable or unwilling to serve, the court may appoint another individual. Family members, such as a surviving spouse, parent, or adult child, are typically appointed as personal representatives in these situations.

The personal representative acts on behalf of the deceased’s estate, seeking compensation for the beneficiaries and surviving relatives. This structure enables any damages recovered in the claim to benefit those left behind.

How Long Do You Have to File a Wrongful Death Claim in North Carolina?

Time is essential in wrongful death cases. In North Carolina, wrongful death claims must be filed within two years of the deceased person’s death. This deadline, known as the statute of limitations, is strictly enforced. If the claim is not filed within this timeframe, the court is likely to dismiss the case, and the deceased person’s family will lose the opportunity to seek compensation.

Damages Available in a North Carolina Wrongful Death Case

When a wrongful death claim is successful, the court will award compensation for “damages” to the deceased’s estate or surviving relatives. This is meant to compensate for the losses incurred as a result of the wrongful death. In North Carolina, damages can cover a variety of costs, including:

• Medical expenses
• Pain and suffering
• Funeral expenses
• Burial expenses
• Lost income
• Loss of future earning potential
• Loss of care (from the deceased person)
• Loss of companionship

In some cases, punitive damages can also be given. These are not intended to compensate the family but rather punish the defendant for behavior that was particularly extreme, negligent, or malicious.

Why You Need a Wrongful Death Lawyer

Filing a wrongful death claim is a complex and emotionally charged process. Not only are you dealing with the grief of losing a loved one, but you must also navigate a legal system that requires substantial evidence and adherence to strict deadlines.

A wrongful death lawyer can help you by:

• Investigating the circumstances of the death and gathering critical evidence
• Identifying all potential sources of liability, including negligent individuals or entities
• Filing the claim within the statute of limitations
• Handling communications with insurance companies and other parties
• Pursuing maximum compensation for your losses

In addition, an attorney understands the emotional weight of these cases, so they can provide compassionate support throughout the legal process, allowing you to focus on healing while they fight for justice on your behalf.

FAQs

Q: Who Gets the Money in a Wrongful Death Claim in NC?

A: The heirs or beneficiaries of the deceased are entitled to receive the settlement money from a wrongful death claim in North Carolina. Usually, this covers the surviving spouse, kids, or other close relatives. Although the action is filed by the personal representative of the deceased’s estate, legal rules determine the payout to the beneficiaries.

Q: How Long Do You Have to File a Wrongful Death Claim in NC?

A: A wrongful death claim in North Carolina has to be filed within two years of the death of the deceased person. This statute of limitations is strictly followed, so missing the deadline can cause the claim to be dismissed, thus depriving the family of claiming compensation. To ensure a timely submission, you should see a wrongful death attorney.

Q: What Is the Wrongful Death Statute in NC?

A: When someone else’s wrongdoing or negligence results in another person’s death, the estate of the deceased person may bring a case under North Carolina’s wrongful death statute. This statute specifies who may bring a claim, what kinds of damages are recoverable, and how long a claim may be pursued in court.

Q: How Can You Split Up a Wrongful Death Settlement in NC?

A: If the deceased has no will, the state determines how a wrongful death settlement is awarded in North Carolina. Usually, parents, kids, and spouses are the first to receive a portion of the payout. If there is disagreement, the court has the authority to step in and distribute the money fairly. Legal and burial costs are sometimes subtracted before the remaining sum is distributed.

Contact Christina Rivenbark & Associates Today

Going through the death of a loved one is a difficult situation. When it is due to someone else’s negligence, the surviving family may be entitled to compensation. If your loved one suffered a wrongful death, Christina Rivenbark & Associates can obtain the compensation you deserve. Contact us today for more information.