GENERAL ASSEMBLY OF NORTH CAROLINA
1995 SESSION
CHAPTER 401
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,
provided that any such settlement shall be subject to the approval of a judge
of superior court unless 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. 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 becomes effective October 1, 1995.
In the General Assembly read three times and ratified this the 10th day of July, 1995.
───────────────────
Dennis A. Wicker
President of the Senate
───────────────────
Harold J. Brubaker
Speaker of the House of Representatives