Are you facing legal challenges after losing a loved one due to someone else’s actions? How might your estate planning measures impact compensation from a wrongful death claim?
Wrongful death compensation in North Carolina follows intestate succession laws, even if the deceased had a will. Without an estate plan, legal disputes and delays could make the process more difficult for you and other surviving family members. A wrongful death lawyer can help by filing the claim, handling legal deadlines, and protecting your family’s interests.
Overview of Wrongful Death Claims
If someone’s negligence or wrongful behavior causes another person’s death, North Carolina law allows the deceased’s surviving loved ones to bring wrongful death claims. Although wrongful death claims benefit surviving loved ones, only the deceased’s personal representative may file these claims, and state law determines who receives compensation, whether or not the deceased has a will. Potential compensation in wrongful death cases includes payment for medical expenses, funeral costs, lost income, and pain and suffering.
North Carolina law sets a two-year deadline from the date of your loved one’s death to file a wrongful death lawsuit. If the claim succeeds, the compensation goes to the deceased’s heirs in accordance with North Carolina’s intestate succession law. The funds do not go through the deceased person’s estate or creditors except for limited medical and funeral costs.
Key Elements of Estate Planning That Impact Wrongful Death Claims
Estate planning can affect the administration of a wrongful death claim, even though settlement proceeds are not part of the deceased’s estate. For instance, a properly drafted will names an executor who can act as the personal representative responsible for filing a wrongful death claim. If no will exists, the court must appoint an administrator, which can cause delays or disputes among family members.
Additionally, while wrongful death compensation must follow intestate succession laws, an estate plan can still help families manage financial matters, address potential disputes, and ensure that personal representatives act efficiently. Without an estate plan in place, legal complications might arise when handling wrongful death claims and distributing assets.
Challenges When Estate Planning Is Absent
If a person dies without an estate plan, a wrongful death claim can face procedural challenges. North Carolina law requires a personal representative to file the claim, but without a will, the court must appoint an administrator without input from the deceased. This process can take time and create disputes if multiple family members seek control. Overall, the absence of an estate plan can add unnecessary complications, making the legal process more difficult for surviving family members.
Contact Our North Carolina Wrongful Death Attorneys to Learn More
Do you need legal guidance after losing a loved one due to someone else’s actions? State law sets specific rules for wrongful death claims in North Carolina, and the legal process can be difficult to handle alone. Choosing the right personal representative, understanding how compensation gets distributed, and meeting legal deadlines all require careful attention.
The North Carolina wrongful death lawyers at Kreger Brodish LLP can help you take the next steps. We can explain your legal options, handle the filing process, and work to protect your family’s interests. Contact us today for a free initial consultation to learn more about how we can help surviving family members hold negligent parties responsible for a wrongful death.
