The unexpected loss of a loved one is one of the most difficult experiences a family can face. It becomes even more tragic when another person’s negligence or misconduct caused that loss.
Wrongful death claims have many purposes for the surviving family members. Unfortunately, many people misunderstand how these claims work. Dispelling some of the most common myths can help families make informed decisions during a challenging time.
Myth 1: Wrongful death lawsuits are only about money
Grieving family members often don’t pursue wrongful death claims because they don’t want to profit from their loved one’s death. While damages are an important part of these cases, the purpose of a wrongful death lawsuit goes beyond money.
A wrongful death claim can hold negligent parties accountable for their actions. These lawsuits can also encourage safer practices and prevent similar tragedies from happening to others.
Compensation families receive can help them manage the financial consequences of their loved one’s death, including medical expenses, funeral costs and lost income.
Myth 2: Criminal charges are required before filing a wrongful death lawsuit
Wrongful death claims are civil matters and separate from criminal cases. Therefore, a lawsuit can proceed even if no criminal charges are filed against the person responsible for the death.
Furthermore, even if a criminal case ends in an acquittal, a wrongful death lawsuit may still be possible because civil and criminal cases involve different legal standards.
Myth 3: Only economic losses can be recovered
Many people believe that compensation is limited to financial losses, such as medical bills, funeral expenses and lost wages.
However, the deceased’s loved ones may be allowed recovery for other damages, including pain and suffering experienced by the deceased before death, along with the loss of companionship, guidance and support that the deceased provided while they were alive.
North Carolina follows the pure contributory negligence rule, meaning that if the deceased contributed to the accident in any way, even as much as 1%, the surviving family members may be completely barred from receiving any compensation.
Because of that rule, it’s vital to work with a legal professional. They can investigate the facts and address any allegations of fault. Their guidance can significantly impact the outcome of a wrongful death lawsuit.
