WHO CAN FILE A WRONGFUL DEATH SUIT IN NORTH CAROLINA?

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At Ricci Law Firm, our wrongful death lawyers do everything they can to help guard you from the financial fallout of an unexpected death. When your loved one is killed due to the actions or negligence of another party, we can help you hold that party accountable and recover compensation for the loss they have caused. While nothing can make up for the loss of your loved one, we can help you pursue justice through the legal system.

However, it’s important to remember that North Carolina law is very specific about who can and who cannot file a wrongful death lawsuit on behalf of the deceased. Rather than allowing any family member to sue for wrongful death, the lawsuit must be filed by the personal representative of the deceased person’s estate.

The personal representative of the estate:

  • Is named in the deceased person’s will as the executor
  • Can sue on behalf of both the estate and surviving family members
  • Will be appointed by the court if the deceased left no will
  • Is usually a spouse or family member if appointed by the court

Because a wrongful death claim is a civil case, it must be brought by the deceased party’s estate rather than a representative of the state. The damages in a wrongful death lawsuit can cover a variety of expenses, from hospital bills to funeral expenses to lost income. Other damages that are more difficult to calculate, like loss of companionship and care, may also be accounted for.

If a family member or loved one has died due to the actions or negligence of another, it is important that the executor of their estate get in touch with a wrongful death lawyer from Ricci Law Firm as soon as possible. Call us at (252) 285-4081​ for a free case evaluation. We serve patients in Fayetteville, Greenville, and the surrounding areas.

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