Wrongful Death in North Carolina: Do You Have a Case?

In North Carolina, the heirs (relatives) have two years to settle or file there case in Court.  This must be done prior to the expiration of the two year period.  This is known as the Statute of Limitations. (Time deadline)     

The loss of a loved one is very tragic and can create complex legal issues.   First, a case must be investigated. Claims should be handled as early as possible in order to best gather evidence.   

Once it is established that you have case that can be successful, then the question becomes damages.  A profile of the decedent's family, his or her income and health prior to death are some factors used to determine the value of the case.  It is important to detail this information.   Showing who the person was who was killed is key.

In death cases caused by automobiles or trucks such as eighteen wheelers,  often the issue is what the case is worth as sometimes the cause (liability) is clear.   If there is alcohol involved the value is higher.    If liability (the cause of an accident is denied by the defendant (s), this issue must be resolved by settlement or through a file.  In cases of alleged medical negligence, generally, other doctors must serve as experts that medical negligence was committed.

Things to obtain are the death certificate and an autopsy report if an autopsy was performed.   Police reports or other investigative reports should be obtained.   Photographs of the scene as applicable.   Prior and current medical records must be obatined.  Tax returns show the decedent's income.

An attorney should be consulted as soon as possible.