Statesville Wrongful Death Attorneys
If someone you love died in an accident and would have had a personal injury claim if they had survived, you may be able to collect compensation through a wrongful death lawsuit. Our attorneys have a track record of success litigating wrongful death cases on behalf of our clients. We are ready to start helping you and your family right away.
Time Limits
The time limit for filing lawsuit is called the statute of limitations. In North Carolina wrongful death cases you are subject to the wrongful death statute of limitations and the statute of limitations that would have applied had the decedent survived to file a lawsuit.
The statute of limitations for wrongful death is two years from the date of death. The statute of limitations for personal injury is three years from the date of injury. So, if your loved one did not die from their injuries for three years or more, your right to sue for wrongful death will have already expired in most cases.
There are exceptions, so even if you think you have run out of time you should check with our Statesville wrongful death attorneys to determine if you have a case.
For instance, if you were a minor child when your parent died, certain circumstances can give you until two years after your 18th birthday. Also if medical negligence caused your loved one’s death there are factors that can affect when the clock actually started to run, and how much time you have to file.
Wrongful Death Beneficiaries
Our Statesville wrongful death attorneys can determine if you are eligible for wrongful death compensation. North Carolina is very specific about who can be a beneficiary in a wrongful death claim:
- If there is a surviving spouse and surviving child or children, the spouse and children are the only eligible beneficiaries.
- If there is no spouse, but there is a child or children, the children are the only beneficiaries.
- If there is a spouse, but no descendants or parents, the spouse is the only beneficiary.
- If there is a spouse and no descendants, but there is a parent or parents, then the spouse and parents are beneficiaries.
- Where there are no descendants and no spouse, the parents are the beneficiaries.
- If there is no spouse, no descendants, and no parents, siblings becomes the beneficiaries.
If you have lost a loved one and believe that you may be entitled to damages for your loss, our Statesville wrongful death attorneys can help. Please call the McIntosh Law Firm at (855) 960-5515 or contact us online to schedule your free consultation.
