This form is a Complaint for a Wrongful Death. Plaintiff demands a jury by trial, an award of damages, reasonable attorney fees, and other relief which is just and proper.
North Carolina Complaint for Wrongful Death - Single Count
State:
Multi-State
Control #:
US-M6795
Format:
Word;
Rich Text
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How to fill out Complaint For Wrongful Death - Single Count?
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FAQ
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.
North Carolina's criminal statute of limitations is two years for most misdemeanors, and there is no statute of limitations for felonies or crimes classified as "malicious" misdemeanors.
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.
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.
While qualifying family members and dependents can collect damages, strict rules exist for who can file a wrongful death claim. In North Carolina, G.S. § 28A-18-2 dictates that only a decedent's personal representative qualifies to initiate a claim. The decedent generally selects this representative in their will.
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.
North Carolina Civil Statute of Limitations Laws: At a Glance Injury to PersonThree years (N.C.G.S. § 1-52(16))Libel/SlanderOne year (N.C.G.S. § 1-54(3))FraudThree years (N.C.G.S. § 1-52(9))Injury to Personal PropertyThree years (N.C.G.S. § 1-52(4))6 more rows