Can a Girlfriend File a Wrongful Death Suit in North Carolina?
In North Carolina, a wrongful death claim may be filed when a person dies as a result of the negligence of another person. A girlfriend may not file as the claimant in the wrongful death lawsuit nor may she recover compensation.
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Wrongful Death
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A wrongful death lawsuit in North Carolina requires the plaintiff (claimant) to prove that the decedent's (person that died) death was due to the negligent conduct of the defendant. Any compensation awarded as a result of the lawsuit will go to the beneficiaries of the decedent's estate.
Who Can File as Claimant?
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The claimant is the person that files the wrongful death lawsuit. In North Carolina, only the personal representative may file the lawsuit. The personal representative is the executor or administrator of the decedent's estate if one was appointed in a will. If there was no will, the court will appoint a personal representative.
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Who Receives the Compensation?
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In North Carolina, only the beneficiaries that would inherit if the decedent died intestate (without a will) can receive the compensation awarded in a wrongful death lawsuit. Even if the decedent left a will, the compensation will be awarded to beneficiaries under the laws of intestate succession only. Therefore, a girlfriend cannot recover from a wrongful death lawsuit.
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