Losing a loved one to negligence is an unimaginable tragedy. Families must endure emotional devastation on top of severe financial burdens.
In North Carolina, wrongful death laws provide a path for families to seek compensation for their loss, helping to ease some of the hardships they face. On your quest for justice, make certain you understand the damages available to survivors after a wrongful death.
Economic damages
Economic damages cover the tangible financial losses resulting from the wrongful death. These typically include medical expenses incurred before the death, funeral and burial costs and the loss of the deceased’s income and benefits.
If they were a primary provider, compensation for lost future earnings may also be an option.
Non-economic damages
These damages address the emotional and psychological impacts of the loss. Families may seek compensation for the pain and suffering their loved one endured before passing. Additionally, they may be entitled to damages addressing the loss of companionship, guidance and emotional support.
These damages recognize the profound void left by the loved one’s absence.
Punitive damages
In cases where the wrongful death resulted from egregious misconduct or intentional harm, North Carolina law allows for punitive damages to punish the responsible party.
However, punitive damages are awarded only in specific circumstances and require clear evidence of reckless or intentional wrongdoing.
Distribution of damages
Compensation from a wrongful death claim is distributed according to North Carolina’s intestacy laws. Typically, spouses, children and sometimes parents receive the damages. A personal representative, appointed by a court or named in a will, files the lawsuit and distributes compensation to the family.
Someone with a background in North Carolina injury and wrongful death claims can help to strengthen your case.
