Wrongful Death Flashcards
Define wrongful death
A wrongful death action is to recover on behalf of the decedent’s survivors
Under the NC Gen. Stat., when does a person have a cause of action for damages?
if the injured person had lived
Under the NC Gen. Stat., the amount recovered for damages can be applied to:
- Reimbursement of the estate
- Attorney’s fees
- Burial expenses*
- Hospital and medical expenses (not over 50%)*
- Rest in intestate succession*
Further include:
- Pain & suffering
- Funeral expenses
- Net income
- Punitive & Nominal
*As set out in the section
Define the prima facie elements for a wrongful death suit
- Defendants tortious act
- Causation: proximate or cause in fact
- Damages
What is the SOL for a wrongful death suit?
2 years from the death of the decedent
Define a survival action
A cause of action that can be brought on behalf of the decedent or against the decedent
Who brings or defends the claims surviving the decedent?
The personal representative
What are the exceptions for a survival action?
- Libel or slander
- False imprisonment
- Right of relief would not be enjoyed
Under the SOL, what is the process for bringing and defending a claim?
If the decedent died before the expiration of when the claim could have been brought, the cause of action survives, an action may be commenced after the SOL or within one year from the decedent’s death
