North Carolina Complaint for Wrongful Death - Multiple Counts
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How to fill out Complaint For Wrongful Death - Multiple Counts?
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Damages Recoverable in a Wrongful Death Action Medical expenses for the care, treatment, and hospitalization of the victim; related to the injury that resulted in the wrongful death. Compensation for the pain and suffering of the decedent endured before loss of life. Reasonable funeral expenses.
Under NC General Statutes § 1-53(4), wrongful death claims must be filed within two years of the date of death. However, you cannot file a wrongful death lawsuit if the claim would be barred by another statute of limitations if the victim had survived.
Wrongful death damages follow the state's intestate laws regarding the distribution of estate assets. Specifically, G.S. § 29-14 outlines that the surviving spouse and children split these damages. If there is no surviving spouse, damages are divided among the surviving children or grandchildren.
Wrongful death claims in North Carolina may be paid out in a variety of ways. If the claim is settled with insurance carriers or as a result of a jury verdict, the payments may be made in one lump sum soon after the settlement is made, or they may come in monthly installments until the entire payout is made.
Under North Carolina law, individual family members cannot file wrongful death claims directly. Instead, the victim's personal representative must file a claim on behalf of the victim's estate.
You do not have to prove wrongful death beyond a reasonable doubt. Instead, you must prove it is at least 51 percent likely the death was wrongful; this burden of proof is called the ?preponderance of the evidence.?
Heirs and family members who file the wrongful death claim make a joint decision regarding each person's amount. Any children or surviving spouses are entitled to the majority of the settlement proceeds. A dependent parent may also receive a share.