In North Carolina, a wrongful death claim arises when a person dies due to another party's negligence, recklessness, or intentional misconduct. It allows the deceased's personal representative to seek compensation for losses suffered by the estate and surviving family members.
In wrongful death cases, families can seek both economic and non-economic damages to address the financial and emotional impact of the loss. Generally, damages allowable in a wrongful death action break down into three categories: economic, non-economic, and punitive. Many state wrongful death statutes specify and list the damages that can be claimed in a wrongful death action.
Economic damages compensate for the measurable financial losses caused by the death. These tangible damages include:
Medical Expenses: The family can seek reimbursement for medical bills incurred before the deceased’s passing.
Funeral and Burial Costs: Families may be compensated for funeral and burial expenses, which can be a significant financial burden.
Loss of Financial Support: Compensation for the lost financial support a family has suffered. This can include the lost wages the deceased person would have received had he or she lived, in addition to lost employment perks, pension or retirement benefits, and lost inheritance.
Loss of Benefits: Families may also recover compensation for the loss of health insurance, pension plans, and retirement benefits that the deceased would have provided over time.
Value of Household Services: Compensation may be available for the value of their lost household services. This is an estimated value placed on the everyday tasks completed by the decedent within the home or provided to surviving family members, such as childcare, housekeeping, home maintenance, financial duties, and elderly caregiving.
Non-economic damages compensate for the emotional toll the family suffers due to the wrongful death. These include:
Loss of Companionship: The death of a spouse or parent can cause profound emotional suffering. Families can seek damages for the loss of companionship, affection, and guidance.
Loss of Consortium: Spouses may claim damages for the loss of emotional support, companionship, and intimacy that the deceased would have provided.
Grief and Sorrow: Surviving family members can be compensated for the grief and sorrow they experience after losing a loved one. This includes the emotional pain, distress, and sadness caused by their loved one’s death.
Mental Anguish: Compensation may be available for mental anguish.
Punitive damages are awarded to punish the defendant for their actions and deter them from committing similar acts in the future. Punitive damages may be granted if the defendant acted with malice or gross negligence.
In North Carolina, the statute of limitations for filing a wrongful death claim is two years from the date of death. Missing this deadline means losing the right to recovery.
Read: Do You Need an Attorney to File a Wrongful Death Claim in NC?
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