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North Carolina Wrongful Death Questions & Answers

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? He... Read more »

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 each person who is... Read 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 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....
Read more »

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 identify... Read more »

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,...
Read more »

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 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 and... Read more »

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 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... Read 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 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 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 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 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... Read more »

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... Read more »

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 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 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.

1 Answer | Asked in Family Law, Real Estate Law, Probate and Wrongful Death for North Carolina on

Q: I've lived on my grandfathers land long time. He married 1 1/2 ago. Died 4 mths ago how long can she hold the will away

She won't let us see the will. I'm the grandson, can I take her to court to contest will? Can I take wrongful death suit against her?

Peter N. Munsing answered on Mar 7, 2017

Go to the register of Wills for the County. See if an estate has been opened. If not find out the process for opening one.

2 Answers | Asked in Wrongful Death for North Carolina on

Q: Let me rephrase my question. An adult child is killed and does not leave a will. His only heirs are his parents whom

Have never been married to each other or anyone else. The death of the son involves a wrongful death suit. The fathers name is on the birth certificate and he paid child support. Would legitimization play a part in this case or is the father unable to inherit from the wrongful death settlement?... Read more »

Amanda Bowden Houser answered on Oct 15, 2016

If the person died without a will, the estate will likely be distributed according to intestate succession which means parents will likely inherit the estate assuming no one else is first in line. Being legitimate or not has nothing to do with inheritance unless paternity is contested - which it... Read more »

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1 Answer | Asked in Estate Planning and Wrongful Death for North Carolina on

Q: Does estate account need to be reopened to cash class action settlement proceeds in NC for wrongful death?

In NC

Peter N. Munsing answered on Sep 22, 2016

May be a question of amount. If you had an attorney for the estate ask them. To avoid issues with taxing authorities if the amount is more than a few dollars may be a good idea but speak to your attorney or at least the register of wills for your county.

1 Answer | Asked in Nursing Home Abuse and Wrongful Death for North Carolina on

Q: Who handles Nursing Home Questionable Deaths and lawsuits in NC?

The doctor of the nursing home put down the incorrect cause of death even though the nursing home is where my mother had a massive bleed out which caused her death.

Peter N. Munsing answered on Aug 21, 2016

You have to decide if you want an autopsy. Do understand that the fact she had a bleed out doesn't necessarily prove substandard care. However what you need is a member of the NC Trial Lawyers Assn /Assn for Justice who handles medical & nursing home cases. They give free consultations.

1 Answer | Asked in Medical Malpractice and Wrongful Death for North Carolina on

Q: If my father had been taken seriously, (when he said he could not breathe right), and instead of just being told

that he was FINE, and just needed to GO TO SLEEP, and that he was being discharged to rehab on Monday morning and the paper work had already been sent, if instead an xray had been taken, that would have shown that a blood clot was forming in his throat that was starting to block his airway,... Read more »

Peter N. Munsing answered on Jul 8, 2016

You need to contact a member of the North Carolina Trial Lawyers Assn who handles medical cases. They give free consultations.

1 Answer | Asked in Criminal Law and Wrongful Death for North Carolina on

Q: Who handles fraud crime of step-dad stealing from wrongful death settlement of prior dad's death via marriage law?

Who has rights in a wrongful death settlement in NC? Dependent Child but not biological children who are claimed on Taxes of deceased?

Peter N. Munsing answered on Jun 23, 2016

Talk to an estate lawyer. Generally it depends on who was living with whom, who was supported by whom, age and other factorrs.If there was in fact wrongful use of funds that would be a matter for the court and police.

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