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North Carolina Wrongful Death Questions & Answers
1 Answer | Asked in Wrongful Death for North Carolina on
Q: Wrongful death of an individual caused by someone in a company vehicle, is there special circumstances for compensation?

Does the companies auto insurance company have to make a payout if a claim is filled? Is there a standard amount or can they offer whatever they want?

Tim Akpinar
Tim Akpinar
answered on Feb 15, 2024

A North Carolina attorney could advise best, but your question remains open for three weeks. I'm sorry for this loss. This would need to be discussed with North Carolina attorneys in greater detail. It could depend on the capacity of the victim, whether employee or pedestrian or other, the... View More

1 Answer | Asked in Wrongful Death for North Carolina on
Q: My grandfather worked at a shipyard in Virginia I signed my trust fund papers over a year ago I do not know the attorney

Can anyone help me it was an mesothelioma case

Tim Akpinar
Tim Akpinar
answered on Jul 20, 2023

A Virginia or North Carolina attorney could probably advise best, but your question remains open for three weeks. One option is to search under your grandfather's name. If it was on a court docket in any kind of multi-district federal litigation, it's possible it could come up. If it was... View More

1 Answer | Asked in Medical Malpractice and Wrongful Death for North Carolina on
Q: Hey I'm trying to find my mother court/trial report! I was young so I really can't remember what exact year but we sued

Central Carolina hospital in Sanford lee county NC. Her name was Vickie McKoy but she was still married so it might have been Matthews. Our lawyer names were Bain and David McRae. She died Dec 09 1999. I'm thinking we started the lawsuit maybe 2001 2002!? I was only 8 then so if you could... View More

Joel Gary Selik
Joel Gary Selik
answered on Apr 22, 2023

Many court records are online. Otherwise you can go to the courthouse where it likely occurred. There are also pay databases that can search court records.

1 Answer | Asked in Criminal Law, Estate Planning, Family Law and Wrongful Death for North Carolina on
Q: Who do I contact about a fake will a sibling is trying to use after the death of their brother abs mother
N'kia (NLN)
N'kia (NLN)
answered on Apr 9, 2023

You might start by contacting an attorney who handles estate/probate law.

1 Answer | Asked in Wrongful Death for North Carolina on
Q: What motion do I need to file if the judge calls out sick? When is it too late?
Peter N. Munsing
Peter N. Munsing
answered on Feb 24, 2021

the judge will normally reschedule. I'm not sure what your question is about, and suggest you speak with a North Carolina attorney.

1 Answer | Asked in Wrongful Death for North Carolina on
Q: Can I open my son's estate if his wife won't
Bill Powers
PREMIUM
Bill Powers
answered on Sep 9, 2019

THAT'S A REALLY GOOD QUESTION

A lot depends on the nature and circumstances of why that hasn't yet happened. Parents MAY in certain circumstances be eligible to file the estate.

It would be smart to find out if there is a will too.

Estates can be a bit...
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1 Answer | Asked in Wrongful Death for North Carolina on
Q: Any way to keep my nephew from benefitting from my sister's death?

She was killed in NC when a mattress fell onto highway from a truck. My mother, my sister's fiance (who has filed suit) and my nephew who chose to be estranged from my sister are alive. If the family sues can we bar him from benefitting since he was so cruel to his mother when she was alive?... View More

Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Jan 3, 2019

I'm not familiar with North Carolina's law on wrongful death claims. In many jurisdictions there are wrongful death acts that give weight to the relationship that a "next-of-kin" has with the decedent. In other words a court and/or jury would consider what if any relationship... View More

1 Answer | Asked in Wrongful Death for North Carolina on
Q: A doctor contributed to my son's death by overprescribing Oxycodone. Can I post this on a public forum legally?
Bill Powers
PREMIUM
Bill Powers
answered on Nov 29, 2018

First, my heart goes out to you. I can only imagine how difficult it must be to live with your loss.

That being said, I think it would be better to speak with an attorney before posting something on a public forum and possibly subjecting yourself to civil claims for libel....
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1 Answer | Asked in Car Accidents, Civil Litigation and Wrongful Death for North Carolina on
Q: I noticed that Jeep has had recalls on suspension issues. is the 2002 Jeep Grand Cheroke part?

we owned this vehicle for several years then gave it to my niece and she had it for about 6 months before the accident. Somehow control of the vehicle was lost and flipped over down into a ditch and exploded into flames. My niece's body was burned so bad they had to take dental records to... View More

Bill Powers
PREMIUM
Bill Powers
answered on May 14, 2018

First, sorry for your loss. That’s such a terrible tragedy.

Product Recall and the associated liability cases are NOTORIOUSLY COMPLEX. There may be important statute of limitation issues involved.

As such, BEST thing to do is contact an attorney immediately.

Agai,...
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1 Answer | Asked in Wrongful Death for North Carolina on
Q: Can I file a wrongful death suit toward the state of NC? A traffic light was green both N and W & my dad was killed '07
Peter N. Munsing
Peter N. Munsing
answered on Mar 30, 2018

11 years later? The estate's claim is barred by the statute of limitations.

1 Answer | Asked in Animal / Dog Law and Wrongful Death for North Carolina on
Q: Told vet to use harness when walking, will slip out of slip leash, she did , gate open, dog killed in road, can I sue

Have been going to local vet for 6 years, and they know our dog slips out of slip leash. Now I only use harness and told them to use this week. They didn't and dog got out os slip leash, and gate left open during walk. Our dog ran across 5 lane highway, made it, but then gone. Vet call me... View More

Peter N. Munsing
Peter N. Munsing
answered on Mar 26, 2018

You can only sue for the market value of the dog in most states. If your dog had a sale value of $80, that's all you get.

1 Answer | Asked in Wrongful Death and Probate for North Carolina on
Q: A wrongful death suit was filed in 1985. A trust was set up for me and my sister. How do we find out more details?

We were both adopted 40 years ago and just found our birth parents. Our father was murdered and his family sued the city for 1.2 million dollars. The clerk told us the money was put in a trust for his 2 daughters. We had no idea and are unsure what to do next.

Peter N. Munsing
Peter N. Munsing
answered on Feb 26, 2018

Go to the courthouse. Get the records of the estate which will say how the trust is. Contact a member of the NC Assn for Justice --they give free consults.Chances are you can do nothing as you were given other parents the estate of your biological father would be under no duty to notify you or your... View More

1 Answer | Asked in Wrongful Death for North Carolina on
Q: If my husband passed on his employer Job due to a heart attack and I sue him, when my husband told him that he got on

The 8 of January and passed on the 10 of January 2018. Is there any I can do? And the state is North Carolina

Peter N. Munsing
Peter N. Munsing
answered on Feb 11, 2018

You would have a claim under workers comp and social security death benefits and possible VA benefits if he was a veteran. Suggest you contact a member of the NC Assn for Justice to see if any other claims.They give fee consults,.

1 Answer | Asked in Car Accidents and Wrongful Death for North Carolina on
Q: What is the status of filing a wrongful death suit against a automobile company that take place over 33 years ago in NC
Peter N. Munsing
Peter N. Munsing
answered on Feb 11, 2018

If the death was 33 years ago a)it's past the statute of limitations b) it's way too long to prove a product defect. Contact some lawyers down there if that gives you closure.

1 Answer | Asked in Wrongful Death for North Carolina on
Q: Can I receive punitive damages in a wrongful death action?
Peter N. Munsing
Peter N. Munsing
answered on Jan 25, 2018

Any wrongful death action is not a d.i.y. case--consult a member of the NC Assn for Justice--they give free consults.

Punitive damages can only be received in certain circumstances. Let an attorney determine if those are present but in most cases the answer will be no.

1 Answer | Asked in Wrongful Death for North Carolina on
Q: I am a widow, my husband dies in rehab after several visits to the hospital. Wrongful death against the hospital?

He accumulated alot of health problems from the hospital. They did not give him a plan of care when they sent him home.

Peter N. Munsing
Peter N. Munsing
answered on Dec 12, 2017

Doesn't sound like it but to be sure contact a member of the NC Assn for Justice that handles medical negligence--they give free consults.

1 Answer | Asked in Car Accidents and Wrongful Death for North Carolina on
Q: daughter died in a car accident 9/16/17 in Rock Hill SC. there is no will. Can I file to be here executor?

my daughter is divorced, and not married anymore. She was killed in Rock Hill SC, but lived in Charlotte NC. I just want to clear everything that pertains to her. her Ex husband has their three Kids which is not an issue, but to handle her affairs I want to know what I need to do to be the... View More

Peter N. Munsing
Peter N. Munsing
answered on Nov 3, 2017

I'm sorry to hear about her loss. If she was not at fault in the wreck there may be a "crashworthiness " case. You should consult a member of the SC Assn for Justice such as Carl Jacobson in Charleston. He givers free consultations. The estate would be in N.C.

1 Answer | Asked in Medical Malpractice and Wrongful Death for North Carolina on
Q: Hospital's neglect to monitor patient causes brain death, Can you help me build the case?

my mother was in the hospital and her heart stopped sometime in the middle of the night or in the morning they did not realize it until they went to bring her medicines that morning, they didnt have the volume turned up on the vitals monitoring machine to be alerted if something was wrong, they... View More

Peter N. Munsing
Peter N. Munsing
answered on Sep 5, 2017

Next step is contact a member of the NC Assn for Justice who handles medical cases--they give free consultations.

1 Answer | Asked in Car Accidents, Criminal Law, Personal Injury and Wrongful Death for North Carolina on
Q: Can someone be charged if they got from under the steerin wheel allowed a drunk person to drive which resulted in death

The person was driving the drunk person around in the drunk persons vehicle for hours then after promising family he wouldn't let him drive got out and left him to drive himself

Peter N. Munsing
Peter N. Munsing
answered on May 23, 2017

They could but Police have to charge. They can try a civil case in which case contact a member of the NC Assn for Justice--they give free consults.

1 Answer | Asked in Criminal Law, DUI / DWI, Car Accidents and Wrongful Death for North Carolina on
Q: Can you get in trouble for getting out of a vehicle allowing a intoxicated person to drive them self?

If you have been driving the person around who is clearly to intoxicated to drive in their own vehicle and you then get out and allow them to drive their self i and they get in a wreck and die in the state of nc can you get in trouble

Peter N. Munsing
Peter N. Munsing
answered on May 1, 2017

Need more facts.If you are that person you need to a)stay off of social media including this website b) don't discuss any of this on social media--in fact ask to have this taken down c)consult an attorney immediately.

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