There are specific statutes and legal complexities with personal injury and wrongful death cases, underscoring the need for skilled counsel. The dedicated attorneys at Riddle & Riddle empower victims of negligence by protecting their rights as they fight to secure rightful compensation.
Wrongful Death vs. Personal Injury: Who Files the Claim?
In North Carolina, wrongful death claims are filed by the personal representative of the deceased’s estate on behalf of surviving family members, whereas personal injury claims are filed directly by the injured victim. A wrongful death itself is caused by the neglect, wrongful acts, or default of another individual or entity, arising when a person dies because of the negligent or careless actions of another party. Common circumstances include:
- Motor vehicle accidents
- Defective drugs and medical devices
- Dangerous consumer products
- Medical mistakes such as misdiagnosis
- Acts of violence
- Dangerous property conditions.
Wrongful death claims must be filed by the executor or personal representative of the decedent’s estate on behalf of eligible family members. If the victim did not have a dedicated personal representative or will before their death, the courts will appoint one. In the majority of situations, a parent, surviving spouse, or adult child of the deceased is appointed.
While the factual events that lead to personal injury claims often overlap wrongful death lawsuits, a personal injury claim is typically filed by the person who was harmed by the at-fault or negligent party in an effort to recoup economic and non-economic damages.
Different Statutes of Limitation
The statute of limitations is the time frame in which a legal claim for personal injury or wrongful death must be filed. Once the statute expires, the courts will issue a motion to dismiss, leaving the plaintiff little recourse for pursuing justice against at-fault parties.
Wrongful Death Statute of Limitations in North Carolina
Under NC Statute § 1-53(4), the decedent’s personal representative must file a wrongful death claim within two years of the date of their passing.
Personal Injury Statute of Limitations in North Carolina
In North Carolina, those who are suing for personal injury have three years to file their lawsuit in most situations. For injury victims, the clock usually starts ticking on the date of the accident. However, the courts indicate that the statute begins when harm to the claimant becomes apparent or ought reasonably to have become apparent, whichever occurs first.
Damages in Wrongful Death and Personal Injury Claims
Recoverable damages differ between the two claim types: wrongful death damages are intended to provide financial relief to surviving family members, while personal injury damages compensate the injured victim directly. Under state law, the following types of compensation are available:
- Burial/cremation and funeral costs
- Medical expenses related to the injury suffered by the decedent that resulted in their death
- Pain and suffering endured by the surviving family because of their loss
- Compensation for the loss of comfort, guidance, society, and companionship provided by the deceased
- Reparations for the loss of income and benefits the deceased would have earned
- Punitive damages in the event the wrongful death was caused by willful or wanton misconduct or acts of malice
Monetary damages recovered in a personal injury claim are intended to compensate victims for their physical and emotional suffering, and the expenses incurred as a result. A claim or lawsuit can demand compensation for:
- Medical expenses, including ER services, medications, diagnostic tests, hospitalization, surgery, appointments, and rehabilitation
- Loss of income while unable to work
- Property damage repairs
- Pain and suffering
- Loss of enjoyment of life
- Emotional distress
Contact a Personal Injury Lawyer from Riddle & Riddle Injury Lawyers for Help Today
Protect your rights after suffering a personal injury or the wrongful death of a family member. We believe that Justice Counts for victims and are available 24 hours a day, 7 days a week to provide a FREE, no-obligation consultation.
For more information, please contact Riddle & Riddle Injury Lawyers to schedule a free consultation with a personal injury lawyer in North Carolina today. We have twelve convenient locations in North Carolina, including Greenville, Raleigh, Goldsboro, Jacksonville, Kinston, Charlotte, Greensboro, Durham, Fayetteville, Wilmington, Winston-Salem & Garner.
*** Disclaimer: The results mentioned are intended to illustrate the type of cases handled by the firm. These results do not guarantee a similar outcome, and they should not be construed to constitute a promise or guarantee of a particular result in any particular case. Every case is different, and the outcome of any case depends upon a variety of factors unique to that case.
