A wrongful death is devastating under any circumstances. Yet, when the person potentially responsible is another relative, grief can become intertwined with guilt, anger and concerns about damaging family relationships in ways that many other wrongful death scenarios do not.
North Carolina families facing this situation may understandably hesitate to consider legal action, but it’s important to understand that a wrongful death claim is not always as simple as one family member personally pursuing another.
What do families need to know?
Under North Carolina law, a wrongful death action is generally brought by the personal representative of a deceased person’s estate when their death was the result of another’s negligent, reckless or deliberate (and unlawful) actions.
Family-related wrongful deaths can occur in many ways. One relative might negligently cause a motor vehicle crash while another family member is a passenger. A dangerous condition on a relative’s property could cause a fatal injury. Other situations may involve negligent firearm handling, boating accidents or other preventable incidents.
Under certain circumstances, insurance may play a major role. For example, an auto insurance policy could potentially provide coverage after a fatal vehicle accident. Homeowners or other liability coverage might apply under certain circumstances as well. Pursuing compensation may, therefore, involve negotiating with an insurance company rather than insisting that a relative to personally pay the entire loss.
An experienced personal injury legal team can investigate a loved one’s death, identify applicable insurance coverage, explain who has authority to bring a claim and pursue appropriate compensation accordingly. In this way, legal guidance can help families to separate – to a degree – the question of financial accountability from the complicated emotions that arise when a tragic accident involves someone they love.