Wrongful Death

Wrongful death cases are not a "separate form" of civil case. A wrongful death claim arises from some wrongful act of another person which caused the death of another person. In a wrongful death tort suit, the administrator or executor of an estate of a deceased person who was killed as a result of negligence or other wrongful acts of another, sues to get compensation for the loss of financial and other damages concerning the deceased person. Wrongful death cases may involve automobile collisions, medical malpractice, product liability and any number of other claims.

Yet, wrongful death cases, while governed under the same laws and rules of procedure which generally apply in civil cases, have certain special rules and procedures that make them unique. For example, the deadline within which a claim for wrongful death must be made by the filing of a suit is shorter for wrongful death than other civil cases generally. A law suit for wrongful death brought as a result of an automobile collision must be filed within two years of the date of death rather than three years after the date of the negligent act.

A suit for wrongful death must be filed by the the administrator of the estate of the deceased person who was killed, and cannot be asserted by a spouse or other person who has not been properly appointed as the administrator even if that person is the only surviving heir. Still, the law protects the rights of spouses, parents and children of accident victims killed by another's negligence. While no amount of money can make up for the loss of a family member, in North Carolina the law permits the recovery of funeral expenses, medical bills, wages that would have been earned and the pain suffered by the person killed.

Because civil cases generally, and wrongful death cases in particular, are very complex and have very specialized rules, the assistance of a qualified and experienced attorney is essential. Wrongful death cases may involve automobile collisions, medical malpractice, product liability and any number of other claims, and the attorneys of Mitchell, Brewer, Richardson will help you handle these and other civil cases.

For more information on civil cases, and how Mitchell, Brewer, Richardson can assist you click here.

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