How Wrongful Death Claims are Different from Personal Injury Cases in North Carolina

When someone’s negligent behavior causes injuries, such as a distracted driver causing a car accident, the people who are hurt will often work with a personal injury attorney to recover compensation for their losses. That is a personal injury lawsuit. If the injuries from that accident cause a person to die, then that person obviously no longer has the ability to file a legal claim. However, family members may file a claim based on the accident. That is a wrongful death lawsuit.

Although dedicated personal injury lawyers often handle both types of cases, there are some differences between them. It is important to be aware of these differences and how they affect your rights if you are struggling with the negligent death of a loved one.

Wrongful Death Statute

Wrongful death claims in North Carolina are governed by specific laws that do not necessarily apply to other tort claims for damages. Section 28A-18-2 of the North Carolina General Statutes describes the legal rights involved.

A wrongful death claim can be filed when an individual’s death is “caused by a wrongful act, neglect, or default of another” and if the deceased person had lived, they would have had the right to sue for damages in a personal injury lawsuit. In a sense, a wrongful death claim allows someone to step forward and enforce the rights of the deceased person.

Who Has the Right to File a Claim?

One way a wrongful death claim differs from a personal injury claim is the identity of the party with the legal right to file a lawsuit. In a personal injury case, the injured person files the claim, usually with the assistance of an attorney. If the injured person is a minor or has a guardian, the guardian will file the claim on behalf of the child or ward.

In a personal injury case, the principle is similar to a guardian situation. The deceased person cannot file, so the deceased’s representative files the lawsuit instead. The person who holds this role is sometimes referred to as the estate’s executor. They are responsible for paying the deceased person’s final bills and taxes and ensuring that the appropriate people receive the remaining property through inheritance or bequest.

Although the personal representative ordinarily acts on behalf of the estate, in a wrongful death case, the proceeds recovered through the claim are not distributed through the estate. Instead, the amounts recovered are distributed to family members in accordance with the laws of intestate succession. This means that money from the lawsuit would go to a remaining spouse and children (or parents if there is no spouse or child.) The distribution depends on the priorities established by the law rather than on what the deceased specified in their will.

Damages Have an Additional Focus

In a personal injury claim, the person filing the lawsuit seeks compensation (known as damages) for the losses they have experienced personally. This includes their medical bills, wages lost due to time off work, amounts needed for future medical care, and compensation for the pain and suffering they have endured and will encounter in the future. The focus is on the injured person.

By contrast, since a wrongful death claim is brought to benefit the family of the deceased person, the focus of the damage award shifts to their losses. So an attorney filing a wrongful death lawsuit will seek compensation for harm such as:

• The income the deceased person would have provided
• The services, protection, care, and assistance that the deceased person would have provided
• The companionship, guidance, advice, and comfort the deceased person would have provided
• The cost of medical bills due to the injury that caused the wrongful death
• Burial expenses and legal fees for the claim

In addition, a wrongful death claim can also include amounts to provide compensation for the pain and suffering the deceased person experienced before they died and punitive damages if appropriate. Punitive damages can be awarded in situations where someone acted wrongfully to cause the death, such as when they intentionally attacked or were driving while intoxicated.

Time Limit to File a Claim is Shorter

Another critical difference between personal injury lawsuits and wrongful death claims is the deadline to file a claim, known as the statute of limitations. In a personal injury case, the injured person has 3 years from the date of the injury to file a lawsuit for damages. If the injury was caused by medical malpractice, such as negligence during the birth process, the injured person may have additional time to file because it may take time to discover a medical mistake.

However, the time frame for a wrongful death claim is usually much shorter. The lawsuit must be prepared and filed within two years of the date of death. Some exceptions may apply, but in general, it is important to begin working on a claim as soon as possible.

Martin & Jones Works to Obtain Maximum Compensation in Wrongful Death and Personal Injury Cases

Whether you are dealing with injuries or a death in the family, the losses affect you in ways that have a profound impact on your future. It is only fair to place some of the burden on the person who caused these losses due to their negligent behavior.

At Martin & Jones, our experienced and compassionate attorneys know how to obtain full compensation for your losses. If you have questions or are ready to pursue your rights, we invite you to contact us online or call 800-662-1234 to schedule a free consultation and learn more about the assistance we can provide in your situation.