Losing a loved one because of someone else’s negligence takes an emotional and financial toll on the bereaved family. In North Carolina, wrongful death compensation helps ease the financial stress for those left behind. Courts look at many things to decide how much compensation to give. Knowing how this works helps you see what affects the result. However, it’s important to remember that every case is different because each has its own facts.
Types of damages
Wrongful death compensation in North Carolina falls into three main types:
- Economic damages
- Non-economic damages
- Punitive damages (only in rare cases)
Each type plays a different role in addressing the loss of a loved one and needs a different method of calculating its compensation.
Economic damages
Economic damages pay for tangible financial losses from the death. They cover:
- Medical bills
- Funeral and burial costs
- Money the deceased would have earned
Experts check the person’s age, job and earnings to estimate lost income. They estimate how long the person would have worked. Then, they subtract taxes and personal spending to find the actual financial loss for the family.
Non-economic damages
Non-economic damage focuses on losses that are tough to measure, such as emotional pain and suffering. Courts award compensation for:
- Pain the deceased felt before dying
- Loss of love and support for the family
- Sadness from the death
Judges and juries decide these amounts by listening to family members, counselors and experts. They don’t use a set formula, so the decision depends a lot on the emotional gravity of the case.
Punitive damages
Courts only award punitive damages in extreme cases. They award them when the person who caused the death showed reckless disregard or intentional harm. The amount depends on how bad the behavior was and how much money the person had. This compensation punishes the wrongdoer and aims to deter future misconduct.
Pursuing compensation
Courts calculate wrongful death compensation by looking at both tangible and intangible losses. Every case has different facts and circumstances, so results vary greatly. Consider talking to a lawyer to have a better understanding of your specific situation.