Who can you sue for wrongful death?

A wrongful death claim arises under North Carolina law when someone’s death is caused by another party’s wrongful act, neglect, or default, and the victim could have filed a personal injury claim had they survived.

Who you can sue for your loved one’s wrongful death depends on who is responsible for their fatal injuries. A number of different parties might cause a wrongful death, depending on the type of accident and the circumstances surrounding it. For example:

  • A negligent driver in a fatal car, truck, motorcycle, bicycle, or pedestrian crash
  • A medical provider whose error or inaction caused a patient’s death
  • A business that failed to maintain safe premises
  • A manufacturer or distributor of a defective or dangerous product
  • A government agency responsible for roadway hazards or safety violations
  • The employer of a negligent driver if they were driving in the course and scope of their employment at the time.

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