This form is a sample personal injury complaint alleging that the faulty installation of steps caused the injury and ultimate death of the plaintiff.
North Carolina Complaint for Negligence and Wrongful Death
State:
Multi-State
Control #:
US-PI-0185
Format:
Word;
Rich Text
Instant download
Description
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How to fill out Complaint For Negligence And Wrongful Death?
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FAQ
Types of wrongful death accidents include: Motor vehicle accidents: A driver may have been intoxicated, texting, speeding, or engaging in other reckless behavior that caused a fatal car accident.
It can be challenging to calculate an 'average' wrongful death settlement when so many factors are at play. However, a study involving 110 cases in North Carolina determined that the median settlement amount for a wrongful death suit was between $490,000 and $500,000.
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.
North Carolina's philosophy is that a wrongful death claim exists when the death of a person is caused by a wrongful act, neglect, or fault of another, and if the injured person had lived, they would have had the right to sue for personal injury.
If you have a loved one who passed away as a result of an injury or accident that involved the misconduct or negligence of a company or individual, you may be able to file a wrongful death lawsuit against those who were responsible for your loved one's death.
Wrongful death settlements consider the deceased person's loved ones and their needs due to the unexpected loss of companionship and support. While settlements may range anywhere from $500,000 to several million dollars, these amounts are just examples.
There are many defenses you can use in a wrongful death suit such as: The statute of limitations has run and the claim is time barred. You did not have a duty of care towards the deceased. You acted in self-defense. You were not negligent in your actions and did everything a reasonable person would have done.
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.?
North Carolina law defines a "wrongful death" as one that is caused "by a wrongful act, neglect, or default of another" person or entity, of a kind that would have entitled the person to file a personal injury lawsuit if he or she had survived. (N.C. Gen. Stat. § 28A-18-2 (2021).)