Wrongful death cases must be handled differently than other injury cases such as simple car wreck cases or premises liability cases. First, in order to pursue the case and file a wrongful death lawsuit, an estate will need to be opened and a representative for the estate appointed. Usually, this is a family member, but sometimes it is more beneficial to appoint an attorney instead.
After this representative is appointed as the representative of the estate, then the contracts and medical authorizations may be signed enabling us to move forward with your representation. At this stage, we can obtain all of the records and determine if there is a viable case. Wrongful death cases must be investigated quickly as the statute of limitations in North Carolina is only two years.
The real tough part of wrongful death cases is determining what they are worth. How do you place a value on a human life? In North Carolina, the law states that a variety of factors should be considered in determining this value. You can find the actual law here: http://www.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_28a/gs_28a-18-2.html One such factor is any medical bills that were incurred as a result of the injury and subsequent death. A second factor is any pain and suffering that the deceased may have experienced before the death. A third factor is any lost wages that the deceased would have paid to heirs if he or she would have survived. Other factors are more personal such as the loss of society and companionship of the deceased to heirs. This personal part becomes very difficult as it is hard to put a price on the loss of a mother, child or family member due to a wrongful death. Proper investigation of the wrongful death case helps to ensure that this personal component is conveyed to the jury.
