The sudden loss of a loved one due to someone else’s negligence is not only emotionally devastating but can also lead to overwhelming financial challenges. In North Carolina, wrongful death claims offer a path to hold the responsible party accountable and secure compensation for the economic and emotional damages you face. Whether it’s the loss of income, companionship, or the mounting costs of medical bills and funeral expenses, the impact of losing a spouse, parent, or close relative can last a lifetime.
At Ellis Law, we understand that no amount of money can replace your loss. But we are here to fight for the justice and financial relief you deserve. Our compassionate team is dedicated to guiding you through this difficult time and helping you pursue a wrongful death claim to ease the financial burden. Schedule a consultation today to learn more about your legal rights in North Carolina.
Compensation in North Carolina Wrongful Death Actions
In the immediate aftermath of losing a loved one, your focus often shifts to navigating profound grief and adjusting to significant life changes. However, the financial implications of this loss can quickly escalate, adding to your burdens. Medical expenses may accumulate, lost wages can exacerbate financial strain, and the absence of support that your loved one provided may leave you feeling overwhelmed.
Wrongful death compensation aims to address these financial hardships while holding the negligent party accountable for their actions. A wrongful death lawsuit seeks damages from those responsible for the loss, whether due to negligence or intentional misconduct.
In North Carolina, the personal representative of the deceased is responsible for initiating the wrongful death lawsuit and pursuing compensation on behalf of the estate and the beneficiaries. The damages available in such actions are defined by statute. N.C.G.S. § 28A-18-2 specifies that the following damages are typically recoverable in a wrongful death action:
Medical Expenses
Many families face substantial medical expenses incurred before their loved one passes away. In some cases, individuals may succumb to their injuries quickly, while inif others, they may endure prolonged hospital stays. These medical costs can quickly add up, further complicating the grieving process for the family left behind.
Receiving copies of medical bills totaling thousands of dollars is often a harsh reality for surviving family members. A wrongful death case aims to secure compensation from the party responsible for the negligence that led to your loss. Helping to alleviate some of the financial strain caused by medical expenses during this challenging time.
Loss of Income
The loss of income resulting from the death of your loved one can profoundly affect your family’s financial stability. You have the right to pursue damages equal to the amount your loved one would have earned over the course of their lifetime. In wrongful death cases, this potential loss can represent a significant financial recovery.
Funeral and Burial Expenses
You can also recover reasonable funeral and burial expenses you incurred from the party who caused the death of your loved one. You and your attorney will present financial documents that prove the cost of these services.
Pain and Suffering
You may be awarded compensation for the pain and suffering the decedent endured before they passed away. This is to compensate the deceased family member for what they went through, just as if they were able to seek that compensation themselves.
Loss of Consortium
You may also seek compensation for the loss of companionship, support, and guidance from your lost loved one. This compensates you for the services and assistance in daily living that you can no longer rely on from your deceased family member.
Punitive Damages
Punitive damages are designed to punish a defendant in wrongful death cases that involve malice or ‘willful or wanton conduct,’ as defined in N.C.G.S. § 1D-15. These are most common in homicide cases or in drunk driving death cases.
Seek Compensation in a North Carolina Wrongful Death Action
While thoughts of financial compensation may not be your immediate concern after losing a loved one, the harsh realities of the situation can quickly surface. Fortunately, you have legal avenues available to hold the responsible party accountable for the devastating loss you have endured.
At Ellis Law, we have extensive experience in pursuing wrongful death claims. And we are dedicated to helping you and your family achieve the justice and compensation you deserve. Contact us today for a free consultation of your case.
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