GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1995

S	2 

SENATE BILL 243
Judiciary I/Constitution Committee Substitute Adopted 4/13/95

Short Title:  Death Settlement Approval.	(Public)

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Sponsors:

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Referred to:  

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February 22, 1995

A BILL TO BE ENTITLED
AN ACT TO AMEND THE LAW REGARDING THE POWER OF A PERSONAL REPRESENTATIVE TO SETTLE CLAIMS FOR WRONGFUL DEATH, AS RECOMMENDED BY THE GENERAL STATUTES COMMISSION.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 28A-13-3(a)(23) reads as rewritten:
"(23)	To maintain actions for the wrongful death of the decedent according to the provisions of Article 18 of this Chapter and to compromise or settle any such claims, whether in litigation or not.  Unless all persons who would be entitled to receive any damages recovered under G.S. 28A-18-2(b)(4) are competent adults and have consented in writing, any such settlement shall be subject to the approval of a judge of the court or tribunal exercising jurisdiction over the action or a judge of the district or superior court in cases where no action has previously been filed.  If the claim is brought under Article 31 of Chapter 143 of the General Statutes, the settlement is subject to the approval of the Industrial Commission in accordance with that Article.  It shall be the duty of the personal representative in distributing the proceeds of such settlement in any instance to take into consideration and to make a fair allocation to those claimants for funeral, burial, hospital and medical expenses which would have been payable from damages which might have been recovered had a wrongful death action gone to judgment in favor of the plaintiff."
Sec. 2.  This act is effective upon ratification.