Losing a loved one is always traumatic, but even more so when you don’t see the loss coming. Car accidents, faulty products, and medical malpractice are all leading causes of wrongful deaths. It is also important to note that understanding the difference between medical malpractice and negligence is crucial in seeking legal recourse for such incidents.
If you’ve lost a spouse, parent, or child because of someone’s negligence, you may wonder, “How are wrongful death settlements paid out?” Charlotte, NC’s personal injury lawyer, answers this question below.
Wrongful Death Settlement Payment Options
Wrongful death settlements are paid out in one of two ways: as a lump-sum payment or structured settlement.
With a lump-sum payment, the insurance company will pay you the entire wrongful death settlement amount up front. This option is appealing because you don’t have to wait for the money you may desperately need to pay for necessities and your loved one’s final medical bills.
With a structured settlement, the insurance company pays out a little at a time. For instance, if you have a $50,000 settlement, the insurance company may pay you $1,000 monthly for 50 months.
Structured settlements offer tax savings to you and the party paying the settlement. Payments are tax-free, and these settlements often yield more money than lump-sum payments because of earned interest. Additionally, there’s no risk of spending your entire award too quickly as there is with a lump-sum payment.
Who Is Eligible To File a Wrongful Death Suit in NC?
Some states allow anyone dependent on the deceased to file a wrongful death lawsuit, but North Carolina isn’t one of them. In our state, only the deceased’s personal representative can file a claim.
If the deceased had a will or estate plan, it should include the name of their personal representative. If they did not have an estate plan, a judge will assign someone to the role. This could be the deceased’s surviving spouse, parent, or adult child.
What Do Wrongful Death Payments Cover?
Now that you know the answer to “How are wrongful death settlements paid out?” you might wonder what your settlement will cover. Damages can include:
- The loss of the deceased’s income
- The deceased’s final medical bills
- Pain and suffering of the deceased before their death
- Funeral and burial expenses
- Loss of companionship, comfort, and guidance
- Loss of the deceased’s services
If you’d like to know what your wrongful death settlement might cover, contact a personal injury lawyer.
Who Can You Sue for a Wrongful Death?
It’s possible to sue anyone who is responsible for a wrongful death. Liable parties may include the following:
- Negligent drivers
- Manufacturers of defective products
- Healthcare workers who commit medical malpractice
- Designers of faulty roadways
- Bars if they serve too much alcohol to a customer who then causes an accident
- Companies that don’t put proper warning labels on their products
- Property owners who fail to correct hazards that lead to a wrongful death
- Employers of those who cause a death while performing work duties (such as a construction or trucking company)
Sometimes, multiple parties are responsible in a wrongful death case. For example, if a trucker hit and killed your loved one, you could sue the trucker and their employer.
North Carolina’s Statute of Limitations on Wrongful Death Claims
Losing a loved one due to negligence is devastating. Learn about wrongful death claims and how settlements are paid out in Charlotte. If you wish to pursue a wrongful death claim, you must do so within two years of the date of the accident in North Carolina. Once you’ve gone beyond that point, you’re out of luck.
There are a few rare exceptions to the rule, though. These include:
- Discovery rule. This rule extends the deadline in cases where the cause of the victim’s injury or condition is unknown.
- Equitable tolling. According to this doctrine, courts may extend the statute of limitations if the accident victim is incapacitated. For instance, say that a driver hit your spouse and put them in a coma. You expected your spouse to recover and planned to sue the other driver once that happened. However, your spouse passed away after the two-year deadline. The court might extend the deadline in this case.
- Fraud. Courts may extend the deadline if the defendant flees the state or runs from the scene of the crash and you can’t find them.
We’ll Help You Seek Justice for a Wrongful Death
Now that you have the answer to the question, “How are wrongful death settlements paid out?” we welcome you to contact Yale Haymond Law PLLC to start the wrongful death claim process. We can determine whether you’re eligible to file a lawsuit and explain what to expect from a personal injury lawyer. We have the answers to all your questions, especially if you’re worried about the settlement affecting your food stamps.
For a free consultation, call (704) 800-HELP.
