Wrongful death is a claim against a person who can be held liable for a death. If you have a loved one that is killed because of someone else's negligence, we can assist you in settling the estate and recovering damages for the loss of your loved one. We can hold the negligent party accountable and help ensure that your family is provided for even though the love one can no longer provide assistance.
The categories of damages that can be recovered in North Carolina for wrongful death case are controlled by North Carolina General §20 8A - 18.2. These include any previous pain and suffering, medical bills or loss of income suffered by the individual. In addition, they allow the surviving beneficiaries to recover what they have lost due to the death of this family member which include the emotional pain and suffering of losing a loved one, funeral expenses and sometimes, most importantly, the economic support that would have been provided by the deceased. Contact The Pope Law Firm today for a free consultation and see what we have to say.
The North Carolina Statute regarding these damages list specifically:
1. Medical expenses associated with the decedent's injury.
2. Compensation for physical pain and suffering.
3. Funeral expenses incurred on behalf of the deceased.
4. The loss to the decedent's family resulting from the untimely death which include:
a. Monetary value of the loss of net income of the decedent.
b. The monetary value of the loss of services protection care and assistance of the decedent.
c. The monetary value of the loss of the decedent's society, companionship, comfort, guidance, kindly offices, and advice.
d. Punitive damages if their death was caused in some reckless manner.
Damages that are recovered in a wrongful death, do not follow any provisions that the person may have made in their Will. Instead, they are proportioned according to the Intestate Succession Act which is the method in which North Carolina divides an estate when the individual dies without a Will.
One thing to be aware of is that wrongful death claims, unlike personal injury claims (which allow three years from the date of the accident to bring the claim) must be brought within two years of the date of the death of the loved one.
Also, many families are relieved to learn that the proceeds of a wrongful death action are not assets of the estate and are not subject to the claims of creditors with the exception of $4,500, which is allowed as an asset strictly for the purpose of covering funeral and medical expenses related to the decedent's death.