At the conclusion of any wrongful death action, any amount received shall be applied first to reimbursement of the estate for the expenses incurred in pursuing the action and the remainder shall then be distributed as provided in the Intestate Succession Act. The Intestate Succession Act is North Carolina’s default...
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What are the damages in a wrongful death case?
In North Carolina, damages recoverable for wrongful death include: Expenses for treatment incident to the injury resulting in death up to $4,500.00 or 50% of the net recovery, whichever is less; Compensation for the pain and suffering of the decedent; The reasonable funeral expenses of the decedent; The present monetary...
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Who has the right to file a claim for wrongful death?
Generally, an estate is set up for the victim of the wrongful death. In setting up an estate, an administrator or personal representative will be appointed and that person then has the right to bring forward a claim for wrongful death on behalf of the estate. In many instances, the...
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What is a wrongful death case?
A wrongful death case is when the death of a person is caused by the negligence or wrongful act of another such that had the victim survived they would have a legally recognizable claim for personal injury. In other words, a wrongful death case is simply a personal injury case...
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