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.

The explosion that rocked a Garner, North Carolina ConAgra plant is being blamed on a gas leak. Now the victims devastated by the disaster are asking questions and want to know who or what caused this tragic disaster. Early indications form the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives traced the blast to a pump room where the gas leak occurred. It is being reported that contractors with Southern Industrial Constructors had been installing water heaters. The first lawsuit has been filed alleging negligence against the contractor.

It is important for employees and their families who were affected by the explosion to consult with a qualified attorney. Many employees might believe the only avenue of recovery to be a worker's compensation claim. However, if a third party is found to be negligent, such as the contractor alleged in the lawsuits, the victims can recover not only worker's compensation but other damages not generally available through the worker's compensation system.

Handling lawsuits and estates involving wrongful death proceeds can be somewhat more complex than a standard estate administration. Instead of relying on the law of the State of domicile for all matters it is important to look at the law of the State where the accident or injury occurred. Even where the accident or injury occurred in the same State as the Decedent's domicile, Statutes may trump the Decedent's Last Will and Testament.

In the case of a wrongful death, the laws of the State where the accident occurred may trump the State of domicile. For example, if a South Carolina resident were to die in a car accident in North Carolina, the laws of North Carolina would control the distribution of wrongful death proceeds.

In most estate administration matters the laws of the State where the decedent was domiciled control. For those that don't know, domicile is a person's legal home. Generally physical presence in the State and the intent to have that location be the person's home is all that is required to establish domicile.

Also, in almost all estate administration matters a Decedent may circumvent the intestate laws of the State by having a Last Will and Testament. The Will can establish the executor, guardian and beneficiaries of the estate but does not control who may receive wrongful death proceeds. In North Carolina the wrongful death proceeds are distributed based upon intestate succession and never become a part of the estate. This is useful in that the proceeds may not be subject to creditors but may distribute funds to individuals that had been otherwise disinherited by the Decedent's Last Will and Testament.

Different States have different intestate succession laws so an out of State wrongful death may result in considerably different distribution than if the same accident occurred within the Decedent's home State. For example, in North Carolina, where there are no children the surviving spouse of a Decedent would have to share the proceeds with the parents of the Decedent but, if the incident occurred in South Carolina, the surviving spouse would receive all of the proceeds.

These rules apply regardless of whether a settlement is reached with the insurance company or a lawsuit is filed. While the establishment of an estate may be required to bring a lawsuit on a wrongful death, the distribution Statutes will still control.

It is important that you have an North Carolina personal injury attorney competent in both personal injury and estate administration assist in any accident that results in a death.

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