| Wrongful Death
A wrongful death claim or lawsuit alleges that the decedent (dead person) was killed as a result of the negligence (or other liability) of the defendant(s) and that the surviving dependents or beneficiaries are entitled to monetary damages as a result of that negligent or other conduct.
Under the "common law" (the general legal principles passed from England to the United States over hundreds of years) there was no such thing as a claim for damages for wrongful death. It was believed that only the injured person had any right to recover compensation for damages and, when that person was dead, the right to recover died with him or her, and surviving family members were barred from any recovery for the loss of their loved one.
Clearly, such laws were unfair. Accordingly, states began to pass "wrongful death acts" and today every state has some form of statute creating a right to claim damages for wrongful death. In North Carolina, wrongful death claims are created by NORTH CAROLINA GENERAL STATUTE §28A-18-1. The specific types of damages which can be recovered are set out in NORTH CAROLINA GENERAL STATUTE §28A-18-2. They include:
- expenses for medical and hospital care incident to the injury resulting in death
- reasonable funeral expenses
- pain and suffering of the decedent
- present value of future lost net income of decedent
- present value of loss of "services, protection, care and assistance" of the decedent
- present value of loss of "companionship, comfort, guidance, kindly offices and advice" of decedent
- punitive damages, if appropriate
- The statute also provides that the jury may find that only "nominal" damages are warranted.
North Carolina combines its wrongful death claim with a so-called "survival statute." A survival statute preserves an injured party's right to recover for personal injury after the victim dies. The victim's estate assumes the victim's claim against the negligent party. Thus, if Victim is injured in a car wreck by Defendant's negligence and then files a lawsuit before dying, Victim's estate may take over the case against the Defendant.
Wrongful death claims can be complex and confusing. It requires a trained lawyer to provide you with the specific advice you may rely on to protect your legal rights. If you believe that you have a valid claim for the wrongful death of a family member, you should
contact a qualified personal injury lawyer regarding your claim.
For more information, please see our Wrongful Death
Frequently Asked Questions.
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