Who Can File a Lawsuit After a Fatal Boating Accident?

Boating in North Carolina is usually safe, and not many boating accidents result in deaths. However, when one does, a North Carolina wrongful death lawyer can help the loved ones of the deceased file a wrongful death lawsuit. North Carolina has some specific rules, however, about who may bring such a claim.

Who Can File a Lawsuit After a Fatal Boating Accident in North Carolina?

In many states, relatives of the deceased are permitted to bring wrongful death lawsuits, but here in NC, only the personal representative of the deceased is permitted to bring a wrongful death lawsuit. This is typically the executor or administrator of the deceased’s estate. If the deceased died without a will and there is no executor, then family can petition the court to appoint an executor who will take over this responsibility.

What Can You Claim?

You can claim compensation for medical expenses that were incurred to deal with the final injury of the deceased and all funeral and burial expenses. You can also claim for pain and suffering that the deceased endured before they died. Beyond those items, you can also claim compensation for the loss of their income and economic contribution to the family and services to the household. When someone dies early, this also means their estate has no chance to grow, so you can also claim the loss in value of their estate that should have accrued over the full lifetime of the deceased. 

In addition, you can claim certain intangible things, like the loss of companionship, affection, and advice that family could’ve expected from the deceased. And in some cases, you may even be able to make a claim for punitive damages. These are uncommon, so talk to a North Carolina wrongful death lawyer to find out. Punitive damages are not meant to reimburse but to punish the liable party. They are usually applied only when someone’s behavior is so reckless that it is necessary to make an example of them to deter other people from that behavior.

How Is Money Paid Out?

First, money goes to the deceased’s estate to reimburse it for bringing the claim in the first place and to pay attorney fees. The estate can also claim compensation for funeral expenses and medical expenses it may have paid out, with certain limits under the law. The remaining compensation goes to the relatives of the deceased according to North Carolina’s Intestate Succession Act. 

First, compensation goes to spouses and children. If the deceased has no living spouse, then it all goes to the children. If there are no surviving children and also no surviving spouse, then grandchildren, parents, grandparents, uncles and aunts, and siblings may all be given part of the award, depending on the circumstances and their specific relation to the deceased.

Talk with a Wrongful Death Lawyer

For help with your claim, including understanding who can bring one and what needs to be done, contact David and Associates Injury Attorneys in Wilmington, Clinton, Supply, Jacksonville, Wallace, or Whiteville, NC today.

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