Losing a loved one to violence is tragic and unfair. You might wonder what options are available to you in North Carolina. Fortunately, a wrongful death claim may help you receive financial compensation for the death of someone you love.
What qualifies as wrongful death in North Carolina?
Under North Carolina law, wrongful death lawsuits are permissible when a person’s wrongful act, neglect or default results in death, and the deceased could have sued for personal injury if they had lived. This means intentional actions such as murder may qualify as wrongful death.
When can you pursue a wrongful death claim?
You may generally pursue a wrongful death claim even if criminal charges are still pending, if no criminal case is filed or no conviction occurs.
Only the personal representative of the deceased’s estate may file the wrongful death case. This representative may be the executor named in the deceased’s will, or a court-appointed administrator.
What can you recover from a wrongful death claim?
Under North Carolina’s Wrongful Death Act, after permitted expenses, the net recovery is distributed to the decedent’s heirs under the Intestate Succession Act, generally regardless of any will. Recoverable damages for wrongful death may include:
- Medical bills related to the deceased’s final injury
- The deceased’s pain and suffering
- Funerary and burial expenses
- The value of the deceased’s income and the services they provided
- Loss of the deceased’s care, companionship, guidance and support
Punitive damages may also be available if the death resulted from malice or willful or wanton conduct, including some intentional acts. This generally applies to intentional acts such as murder or assault, though it may also apply to injuries or deaths due to reckless conduct in North Carolina.
Your knowledge can help you recover
Understanding how murder qualifies as wrongful death could help you seek monetary compensation for the loss of a loved one. By knowing what steps you can take, you become more likely to secure recovery, helping you move forward during a difficult time.