March 11, 2025
In North Carolina, a wrongful death lawsuit can be filed when a person's death is caused by another party's negligence or wrongful act, including medical malpractice. If the deceased person would have had the right to pursue a personal injury claim had they lived, a wrongful death claim can be pursued.
Medical malpractice occurs when a healthcare provider deviates from the accepted standard of care, resulting in harm or death to a patient. Examples of medical malpractice include misdiagnosis, surgical errors, prescription errors, or birth injuries.
The personal representative of the deceased person's estate typically brings the wrongful death lawsuit. This person acts on behalf of the survivors who suffered financially due to the death. In most cases, the real parties in interest are immediate family members, such as spouses, children, or parents of young children.
To succeed in a wrongful death claim, the following elements must be established:
In a successful wrongful death lawsuit, damages can be recovered to compensate for various losses, including:
Medical expenses related to the incident that the deceased person incurred before death.
Pain and suffering of the deceased person.
Funeral expenses.
The present value of the deceased person’s expected lifetime earnings.
The value of services, care, companionship, comfort, guidance, and assistance that the deceased person would have given to the people entitled to recover damages.
In North Carolina, a wrongful death claim must be filed within two years from the date of the person's death. Failing to file within this timeframe may result in the claim being barred.
If you need assistance with a wrongful death claim, you can contact Hall & Dixon at 725 E. Trade Street Suite 115 Charlotte, NC 28202, or call (704) 993-6825. They are available Monday through Friday from 9 a.m. to 5 p.m.
Read: Legal Fees and Costs: How Much Does a Wrongful Death Lawyer Charge?
