Wrongful death legal protections are intended to help families through a difficult time following the unexpected loss of a loved one in an accident such as a car, truck, motorcycle or other type of accident when a negligent driver is involved. A wrongful death claim for damages can be brought against the negligent driver, or other negligent party, for recovery of damages stemming from the wrongful loss of their loved one.
Wrong death legal protections in North Carolina
A wrongful death claim for damages can be brought by the personal representative of the lost loved one’s estate for the benefit of surviving family members. Wrongful death damages it may be possible to recover can include costs associated with medical care and treatment and hospital stays; reasonable funeral expenses; the present monetary value of the victim; and damages for pain and suffering of the victim. Damages for present monetary value of the victim can include the losses reasonably expected in the net income of the victim; damages for the loss of support and services of the victim including protection, care and assistance; and the loss of the victim’s companionship, comfort, guidance and advice.
In addition, it may be possible to recovery punitive damages the victim would have been able to recover had they survived. Punitive damages are intended to punish the wrongdoer and may apply in certain circumstances. Nominal damages may also be available in some situations when they are determined to be appropriate. Wrongful death legal protections are an important resource for surviving family members who should know how a wrongful death claim for damages can be made following the wrongful loss of a loved one.