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What is a North Carolina Wrongful Death Suit, Who Can File One, and What Damages Can be Recovered?

August 04, 2019

NORTH CAROLINA – A wrongful death action is a form of civil lawsuit, the specifics of which are governed by North Carolina law. All aspects of a wrongful death suit are subject to the provisions of North Carolina wrongful death law - Statute § 28A-18-2, "Death by wrongful act of another; recovery not assets."

A wrongful death in North Carolina occurs due to the wrongful act, neglect, or default of another individual that resulted in the death of a victim.  The action can be filed against the at-fault party for the purposes of seeking monetary compensation.  When appropriate plaintiffs, such as the beneficiary(s) of the victim, make a wrongful death claim in North Carolina, they do so to pursue damages arising out of the incident and death of the victim.

There are many circumstances in which wrongful deaths claims can arise, including:

  • Vehicular accidents
  • Product liability
  • Premises liability accident
  • Premises liability claims
  • Medical malpractice

Even if an intentional act resulted in the death of an individual, the corresponding wrongful death action is completely separate from criminal prosecution.  Meaning, even if an individual is acquitted in intentionally causing an accident, a wrongful death action can still stand, allowing beneficiaries of the deceased to recover damages.  

Under North Carolina law, the compensation that can be recovered by a victim’s beneficiaries include:

  • Medical expenses that were incurred as a result of the injury sustained
  • Pain and suffering that the deceased person experienced before his or her death
  • Reasonable funeral costs
  • Loss of income of the deceased
  • Loss of the services of the deceased, including the assistance, protection and care
  • Loss of society, comfort, guidance and companionship of the deceased

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If you tragically lost a loved one in an incident caused by someone else's negligence, call Montlick & Associates, Attorneys at Law for your free consultation today. Montlick & Associates, Attorneys at Law has been representing those who suffer serious injuries for over 38 years.

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Category: Personal Injury

Please Note:
Many of our blog articles discuss the law. All information provided about the law is very general in nature and should not be relied upon as legal advice. Every situation is different, and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.