Wrongful Death in North Carolina

What Is Wrongful Death?

Wrongful Death (noun) is a death caused by the negligent, willful, or wrongful act, neglect, omission, or default of another.

Wrongful death claims did not exist under the common law but are instead created by legislatures. The state in which the wrongful act or omission occurred which causes the death determines that the state’s law which governs the wrongful death claim, including whom may bring the claim, and the beneficiaries of the claim. The states’ laws vary substantially.

In North Carolina the Wrongful Death Statute states that if someone dies because of someone else's wrongful actions, neglect, or failure to act, the responsible party can be held accountable for damages through a lawsuit brought by the deceased person's estate representative.

Wrongful Death cases can encompass a range of scenarios, including car accidents, medical malpractice, workplace accidents, and other causes of death resulting from wrongful actions.

What Is a Wrongful Death Case Worth in North Carolina?

The calculation of damages in a wrongful death case is based on numerous factors, such as expenses for care, treatment, and hospitalization related to the injury causing death, compensation for the decedent's pain and suffering, and reasonable funeral expenses.

Additionally, the monetary value of the decedent is taken into consideration, which includes their net income, the services, protection, care, and assistance they provided, and the society, companionship, comfort, guidance, kindly offices, and advice they offered to their loved ones.

In certain circumstances, the responsible party may also be ordered to pay punitive damages for malicious, willful, or wanton conduct. Finally, nominal damages may also be awarded if deemed appropriate by the jury.

The funds recovered are not available to be used to pay debts or gifts, except for the expenses related to the deceased person's burial and medical expenses incurred as a result of the injury that caused their death. However, these medical expenses can only amount to a maximum of $4,500 and can't be more than 50% of the remaining amount after deducting the lawyers' fees. There is an exception to these limitations for subrogation rights. Any claims made for burial expenses and medical expenses must be approved by a court clerk, and any decision made by the clerk can be appealed in a superior court.

Who can file a Wrongful Death case?

The deceased person's estate representative which includes the administrator (died intestate which means without a will) or executor (died with a will with a named executor) of the estate.

Why Hire a Wrongful Death Attorney?

The process of a wrongful death case involves investigating the case, filing a wrongful death lawsuit, and potentially engaging in settlement negotiations or proceeding to trial. There are several reasons why it's advisable to hire a Wrongful Death attorney if you have lost a loved one due to someone else's negligence or wrongdoing. A few of these reasons include:

Expertise in Wrongful Death laws: A Wrongful Death attorney will have a deep understanding of the states’ Wrongful Death laws and will be able to navigate the legal process efficiently and effectively.

Knowledge of compensation and damages: An experienced Wrongful Death attorney will have a thorough understanding of the types of compensation and damages that are available in a Wrongful Death case and will be able to help you get the maximum compensation possible.

Experience with insurance companies: With Doug's background as a former State Farm Insurance Adjustor, he is aware of the tactics used by insurance companies to minimize settlements in Wrongful Death cases. He possesses the skills in negotiating with insurance providers and is dedicated to securing fair compensation for you.

Handling complex legal procedures: A Wrongful Death case can involve complex legal procedures and a lot of paperwork. An experienced attorney will have the knowledge and resources to handle these procedures effectively and efficiently.

Relieving stress and burden: Dealing with a wrongful death lawsuit can be emotionally and mentally taxing. Hiring a wrongful death attorney can take some of the burden off your shoulders and allow you to focus on grieving and healing.

Overall, hiring a North Carolina wrongful death attorney can greatly increase your chances of receiving fair compensation and justice for the loss of your loved one. If you have lost a loved one because of someone else's wrongful actions, neglect, or failure to act, call us today (336) 777-1411. We'll help you get justice and compensation.

Disclaimer: The content provided in this article is for informational purposes only and is not intended as legal advice. Readers should consult with a qualified legal professional for personalized guidance.

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