Losing a loved one is devastating, especially when their death is caused by someone else's negligence or wrongful actions. For families in North Carolina, a wrongful death claim can provide the financial support needed to navigate this difficult time while holding the responsible party accountable. However, the legal process can be complex, requiring a clear understanding of your rights and the law.
This guide explains how to protect your rights in a wrongful death claim, the types of compensation available, and why hiring a wrongful death lawyer is crucial for ensuring justice for your loved one.
Understanding Wrongful Death in North Carolina
Under North Carolina law, a wrongful death occurs when a person dies due to the negligence, recklessness, or intentional actions of another party. Wrongful death claims are governed by North Carolina General Statutes § 28A-18-2, which outlines the rules for pursuing compensation on behalf of the deceased.
Key examples of situations that may lead to a wrongful death claim include:
- Fatal car accidents caused by a reckless driver.
- Workplace accidents resulting from unsafe conditions or improper training.
- Medical malpractice, such as a failure to diagnose a treatable condition.
Who Can File a Wrongful Death Claim in North Carolina?
In North Carolina, only the personal representative (executor) of the deceased’s estate can file a wrongful death claim. This individual is often named in the deceased’s will. If there is no will, the court will appoint an executor.
Types of Damages Available in a Wrongful Death Claim
A wrongful death claim seeks to compensate the surviving family for both the financial and emotional losses resulting from their loved one’s death. North Carolina law allows for several types of damages, including:
- Economic Damages: These include medical expenses related to the injury or illness leading to death, funeral and burial costs, and the loss of income the deceased would have provided.
- Non-Economic Damages: Compensation for intangible losses such as pain and suffering, loss of companionship, and emotional distress.
- Punitive Damages: In cases involving egregious misconduct, the court may award punitive damages to punish the at-fault party and deter similar behavior in the future.
Example:
A family in Charlotte loses a loved one in a trucking accident caused by a fatigued driver. In addition to medical and funeral costs, they may seek damages for the loss of the deceased’s income, which had been supporting their household, and the emotional toll of losing a parent and spouse.
Damages for Loss of Companionship in a Wrongful Death Claim
One of the most profound impacts of losing a loved one is the emotional void left behind. In a wrongful death claim, North Carolina law recognizes this devastating loss by allowing families to seek compensation for loss of companionship, comfort, and guidance. These damages reflect the emotional support and nurturing presence the deceased provided to their family.
While financial compensation can never truly replace the bond with a loved one, it serves as acknowledgment of their irreplaceable role in your life. For example, a parent’s death may leave children without vital emotional guidance, while the loss of a spouse can bring immense loneliness and isolation.
What Can Be Included?
- The absence of emotional support and love.
- Loss of guidance and mentorship, particularly for children.
- The emotional toll of losing someone who provided stability and companionship.
Pursuing these damages can be complex, requiring sensitive evidence that illustrates the deep connection between you and your loved one. A compassionate wrongful death lawyer can help present this aspect of your claim effectively, ensuring that your loved one’s contributions to your family are recognized.
Damages for Loss of Income in a Wrongful Death Claim
For many families, the financial impact of losing a loved one extends far beyond immediate expenses. The deceased’s income often plays a critical role in supporting the household, covering bills, and planning for the future. North Carolina law allows families to recover damages for lost earnings and financial contributions the deceased would have provided.
This category of damages is particularly important for families where the deceased was the primary breadwinner or contributed significantly to the family’s financial well-being. It ensures that surviving family members can maintain their quality of life and plan for their future despite the tragedy they’ve experienced.
What Can Be Included?
- The deceased’s lost wages and benefits, including retirement contributions.
- Future income the deceased would have earned over their lifetime.
- The financial value of services provided by the deceased, such as childcare or household management.
Example:
A spouse who worked as an accountant may have been the sole financial provider for their family. Losing that income could put the family at risk of losing their home or falling into debt. Damages for loss of income help alleviate these burdens, providing financial stability during an already difficult time.
By working with a skilled wrongful death lawyer, families can accurately calculate and present the full extent of these damages, ensuring they are equipped to face the future.
The Process of Filing a Wrongful Death Claim
Navigating a wrongful death claim involves several important steps:
- Appoint a Personal Representative: This individual will handle the claim on behalf of the estate and the deceased’s beneficiaries.
- Investigate the Incident: Gather evidence to prove that the death resulted from another party’s negligence or wrongful act.
- Calculate Damages: Work with financial and experienced legal professionals to determine the full extent of the economic and non-economic losses.
- File the Wrongful Death Claim: Submit the wrongful death lawsuit within the statute of limitations, which is typically two years from the date of death in North Carolina.
- Negotiate or Litigate: Attempt to reach a settlement with the at-fault party’s insurance company, or proceed to court if a fair agreement cannot be reached.
Important Note: Failure to file the claim within the statute of limitations may result in losing the right to seek compensation, emphasizing the importance of acting quickly.
Common Challenges in Wrongful Death Claims
Wrongful death cases are emotionally charged and legally complex. Families often face challenges such as:
- Proving Negligence: Establishing that the at-fault party’s actions directly caused the death can be difficult without strong evidence.
- Valuing Non-Economic Losses: Quantifying the emotional impact of losing a loved one is inherently challenging.
- Dealing with Insurance Companies: Insurers may attempt to minimize the payout or deny liability altogether.
- Meeting Legal Deadlines: The grieving process can make it hard for families to focus on legal requirements, risking missed deadlines.
Working with a skilled wrongful death lawyer helps families overcome these hurdles, ensuring their case is handled with care and professionalism.
The Importance of Hiring a Wrongful Death Lawyer
Navigating a wrongful death claim without legal assistance can be overwhelming. A wrongful death lawyer provides invaluable support by:
- Investigating the Case: Gathering evidence such as medical records, accident reports, and witness statements to build a strong claim.
- Calculating Damages: Accurately assessing both economic and non-economic losses, ensuring no aspect of your claim is overlooked.
- Handling Negotiations: Advocating for fair compensation during settlement discussions with insurers or opposing attorneys.
- Litigating in Court: Representing your family’s interests if the case proceeds to trial.
Example:
A Concord family who lost a loved one in a workplace accident turned to a wrongful death lawyer to navigate their claim. The attorney uncovered evidence of safety violations, secured expert testimony, and helped the family recover compensation for lost wages, medical bills, and emotional suffering.
Secure Justice for Your Loved One – Contact Schehr Law to File a Wrongful Death Claim in North Carolina
Losing a loved one is one of life’s most painful experiences. Pursuing a wrongful death claim can provide financial support and a sense of justice, but the process requires legal knowledge, experience, and compassion. At Schehr Law, we are dedicated to guiding North Carolina families through this difficult time with personalized, attentive service.
If you’ve lost a loved one due to someone else’s negligence, let our compassionate team help you navigate the legal process and fight for the compensation you need to move forward. Serving clients in Charlotte, Greensboro, and Raleigh, we are here to provide unwavering support during this challenging time. Call us today for a free consultation — 980-577-3186.
Disclaimer: This blog is intended for informational purposes only and does not establish an attorney-client relationship. It should not be considered as legal advice. For personalized legal assistance, please consult our team directly.