Misconceptions About Wrongful Death Actions

There are many myths about wrongful death actions and litigation in North Carolina. Consult with a wrongful death law firm if you have questions about the death of your loved one and whether you can recover damages

Here are some of the myths about wrongful death actions:

Myth: If a defendant is found liable in a wrongful death action, he or she could face jail time.

A wrongful death action is a civil action, so jail time is not available as a penalty. If a defendant is found liable in a wrongful death action, he or she is responsible for his or her portion of the damages awarded to the plaintiff.

Myth: I can file a wrongful death action whenever I want.

The statute of limitations in North Carolina for a wrongful death action is two years. Therefore, you must file your wrongful death action within two years of your decedent’s death.

Anyone can file a wrongful death action.

Under North Carolina law, the administrator of the estate is the only one who can file a wrongful death action on behalf of the estate. The administrator of the estate is named in the decedent’s will or appointed by the court.

Myth: I don’t need to hire a lawyer right away.

The sooner you hire an attorney, the sooner you can protect your claim. An attorney also takes steps to preserve evidence and to find the witnesses necessary to prove your case. Early consultation with an attorney prevents or reduces problems with your claim.

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