We understand the emotionally-charged and extremely sensitive times surrounding the death of a loved one. However, you should be aware that you and your family have legal rights when a loved one is injured and passes away due to the negligence of others.

In North Carolina, you have two years from the date of the victim’s death to file a suit for wrongful death. North Carolina’s Wrongful Death Act states that only the “personal representative” of the deceased is allowed to file a wrongful death suit.

Fortunately, the North Carolina Wrongful Death Act does not require a certain level of negligence. Any negligent conduct, act, or omission which causes a person’s death is sufficient for finding liability.

In North Carolina, a wide array of damages may be recovered:

• Care, treatment, and hospitalization prior to death
• Pain and suffering prior to death
• Reasonable funeral expenses
• Loss of income, care, guidance, companionship, protection, assistance, services, comfort, and society
• Punitive damages
• Nominal damages