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Multiple family members can receive payment in a North Carolina wrongful death settlement. Funds get distributed according to the state’s intestacy laws, with the surviving spouse and children typically benefiting first, and surviving parents or siblings inheriting if there is no spouse or children.
So, the funds from a wrongful death claim may go to multiple family members, regardless of whether they were in the will of the deceased family member, or decedent.
The Law Offices of John Drew Warlick, P.A., has a history of helping families in Jacksonville and surrounding communities to pursue fair compensation in wrongful death cases. We can review your case and determine whether you are eligible to recover compensation in a wrongful death claim as a surviving family member.
Who Can File a Wrongful Death Lawsuit in North Carolina?
If the decedent could have held negligent parties accountable in a personal injury claim if they had survived their fatal accident, a wrongful death claim may be pursued. North Carolina law specifies who may file a wrongful death lawsuit. Individual family members cannot file separate wrongful death claims. Only the personal representative of the decedent’s estate has the authority to bring the claim. The personal representative:
- Acts on behalf of the estate and beneficiaries
- Works with an attorney to file a wrongful death claim
- Manages the case (typically with an attorney’s guidance).
The decedent’s will may name the personal representative. If no will exists, the Clerk of Superior Court may appoint them.
What Compensation Can a North Carolina Wrongful Death Claim Provide?
In North Carolina, wrongful death damages compensate surviving family members for their financial and personal losses, including:
- Economic damages – These damages represent measurable financial losses. They may include funeral and burial expenses as well as lost income and other financial support and benefits that the decedent would have provided their family over their expected working life. These losses could be significant if the decedent’s wrongful death occurred at a young age.
- Non-economic damages – These damages address the personal losses suffered by surviving family members. They include loss of companionship, guidance, care, and protection.
- Punitive damages – In rare cases involving egregious misconduct, such as drunk driving, you may seek punitive damages to punish the wrongdoer and deter similar behavior.
Can a Will Determine Who Recovers Compensation in a North Carolina Wrongful Death Claim?
North Carolina’s intestate succession laws govern the distribution of financial compensation in a wrongful death claim. These statutes establish a hierarchy of beneficiaries based on their relationship to the decedent.
A common misconception is that a person’s last will controls the distribution of wrongful death settlement funds. However, North Carolina’s wrongful death laws explicitly require distribution according to intestacy laws regardless of what the will says. So, those laws apply regardless of whether the decedent wanted their best friend or a favorite charity to inherit their assets.
What Happens If Family Members Disagree on Distribution?
Because North Carolina law follows intestacy rules for wrongful death compensation distribution, it does not matter if not all family members agree about that distribution. The personal representative must obey the law, regardless of personal wishes or perceived fairness.
All settlements require approval by the Clerk of Superior Court. This requirement ensures legal compliance and protects beneficiaries, especially minor children. Even if family members disagree about settlement decisions or trial strategy, the distribution formula remains unchanged, with court oversight ensuring fairness.
How Long Does It Take to Receive Wrongful Death Settlement Funds?
The timeline for receiving wrongful death settlement funds depends on court approval and the complexity of the case. After the parties reach a settlement agreement, the personal representative must submit it to the court for review.
Once approved, the insurer releases the funds to the estate. The personal representative then pays liens, medical bills, funeral expenses, and attorney fees before distributing the remaining funds in accordance with state intestacy laws. Cases involving minor beneficiaries or multiple family members often require additional court protections, which will extend the timeline.
How Can a North Carolina Wrongful Death Attorney Help With My Case?
A wrongful death claim involves complex legal issues and significant emotional strain, making experienced legal guidance essential. When you work with a skilled and experienced wrongful death attorney, they can:
- Investigate the circumstances of the death
- Gather evidence to prove liability
- Identify all sources of compensation
- Handle insurance company communications
- Prevent adjusters from undervaluing your claim
- Negotiate for compensation through a fair settlement that reflects your family’s full losses
- If necessary, take your case to trial.
Throughout the process, the attorney can manage and keep you informed about all court filings, deadlines, and procedural requirements, reducing your stress. Your lawyer can also explain how damages get distributed and ensure eligible family members receive their proper share under North Carolina law, including setting up protections and court approvals for minor beneficiaries.
Contact a North Carolina Wrongful Death Lawyer Today
The Law Offices of John Drew Warlick, P.A., has served three generations of families in Jacksonville, North Carolina, and nearby military communities. Our law firm has the experience and resources it takes to handle complex wrongful death claims and pursue meaningful compensation for grieving families dealing with a loved one’s unexpected death.
Our results reflect our extensive experience handling wrongful death claims, and past clients praise our compassionate and professional approach.
If you lost a loved one due to someone else’s negligence, contact us today for a free consultation and learn more about how we can assist you.
