Charlotte Injury Lawyer Blog

Tragically last Friday September 11, 2009 a young woman's life was cut short. Elena Bright Shapiro was driving her Hyundai when at approximately 8:30pm Dr. Raymond Dwight Cook driving his Mercedes hit her vehicle from behind. Cook was driving approximately 85 miles per hour in a 45 mile per hour zone and was driving while impaired at the time of the accident. Cook was transported to a hospital for treatment of minor injuries, but unfortunately Ms. Shapiro died shortly later at the hospital due to her injuries. Our condolences goes out to Ms. Shapiro's family and friends.

Although there can never be any amount of reparations that will even being to help compensate the family of Ms. Shapiro for the loss that they have suffered, North Carolina attempts to do so under their Wrongful Death Statute, presently codified at G.S. § 28A-18-2. This statute states in part, "(a) When the death of a person is caused by a wrongful act, neglect or default of another, such as would, if the injured person had lived, have entitled him to an action for damages therefore, the person or corporation that would have been so liable, and his or their personal representatives or collectors, shall be liable to an action for damages, to be brought by the personal representative or collector of the decedent; and this notwithstanding the death, and although the wrongful act, neglect or default, causing the death, amounts in law to a felony..."

This means that under the statute the legal representative of the estate may bring suit against any person who is responsible in causing the decedents death. Looking to the case at hand, it means that the legal representative of Ms. Shapiro's estate may bring a wrongful death claim against Dr. Cook or anyone else who contributed to Ms. Shapiro's death. However, unfortunately many people do not realize that they still have the ability to make such a claim on the decedent's behalf. In order to bring a wrongful death claim, an estate must be opened and a legal representative for the estate must be named by the Clerk of Court. It is important to note that simply being named as Executor in a person's will is not sufficient, and there must be a formal appointment by the Clerk. The statute of limitation to file a wrongful death claim in North Carolina is 2 years.

It is therefore important that you have a North Carolina personal injury attorney who is not only well versed in personal injury law, but also estate administration to assist you in any case that results in death.