A wrongful death claim seeks compensation for the losses suffered because of a person’s death, including funeral expenses, lost income, loss of companionship, and certain medical expenses incurred before death. In North Carolina, these claims are brought by the personal representative of the deceased person’s estate under the state’s Wrongful Death Act.
A survival claim is different. In states that recognize separate survival actions, it generally allows certain legal claims the deceased person could have pursued while living to continue after death. North Carolina does not treat survival actions in the same manner as many other states because many of those damages are addressed through the wrongful death statute. Depending on the facts, an attorney can determine which claims may apply. Request a free consultation to assess your unique case.