GENERAL ASSEMBLY OF NORTH CAROLINA
1993 SESSION
CHAPTER 299
The General Assembly of North Carolina enacts:
Section 1. G.S. 28A-18-2(a) reads as rewritten:
"(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 therefor, 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.
The personal representative or collector of the decedent who pursues an action
under this section may pay from the assets of the estate the reasonable and
necessary expenses, not including attorneys' fees, incurred in pursuing the
action. At the termination of the action, any amount recovered shall be
applied first to the reimbursement of the estate for the expenses incurred in
pursuing the action, then to the payment of attorneys' fees, and shall then be
distributed as provided in this section. The amount recovered in such
action is not liable to be applied as assets, in the payment of debts or legacies,
except as to burial expenses of the deceased, and reasonable hospital and
medical expenses not exceeding one thousand five hundred dollars ($1,500) four
thousand five hundred dollars ($4,500) incident to the injury resulting in death;
death, except that the amount applied for hospital and medical expenses
shall not exceed fifty percent (50%) of the amount of damages recovered after
deducting attorneys' fees. provided that all All claims filed
for such services shall be approved by the clerk of the superior court and any
party adversely affected by any decision of said clerk as to said claim may
appeal to the superior court in term time, but shall be disposed of as provided
in the Intestate Succession Act."
Sec. 2. This act becomes effective October 1, 1993, and applies to deaths occurring on or after that date.
In the General Assembly read three times and ratified this the 7th day of July, 1993.
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Dennis A. Wicker
President of the Senate
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Daniel Blue, Jr.
Speaker of the House of Representatives