Rebecca J. Britton's Answers

If a spouse has a malpractice suit; what claims does is thirty year old children have if there is a settlement?

If medical negligence results in death, the claim would be brought as a wrongful death claim. The beneficiaries of a wrongful death claim are determined by North Carolina's Intestate Succession law. If a person dies from malpractice and leaves behind a spouse and children, under intestate succession both the surviving spouse and the decedent's children are considered beneficiaries of the claim. An Estate must be opened in order to pursue the claim and there must be an administrator/executor...

1 lawyer agreed with this answer