North Carolina families facing this situation may understandably hesitate to consider legal action, but it’s important to understand that a wrongful death claim is not always as simple as one family member personally pursuing another.

What do families need to know?

Under North Carolina law, a wrongful death action is generally brought by the personal representative of a deceased person’s estate when their death was the result of another’s negligent, reckless or deliberate (and unlawful) actions.

Family-related wrongful deaths can occur in many ways. One relative might negligently cause a motor vehicle crash while another family member is a passenger. A dangerous condition on a relative’s property could cause a fatal injury. Other situations may involve negligent firearm handling, boating accidents or other preventable incidents.

Under certain circumstances, insurance may play a major role. For example, an auto insurance policy could potentially provide coverage after a fatal vehicle accident. Homeowners or other liability coverage might apply under certain circumstances as well. Pursuing compensation may, therefore, involve negotiating with an insurance company rather than insisting that a relative to personally pay the entire loss.

An experienced personal injury legal team can investigate a loved one’s death, identify applicable insurance coverage, explain who has authority to bring a claim and pursue appropriate compensation accordingly. In this way, legal guidance can help families to separate – to a degree – the question of financial accountability from the complicated emotions that arise when a tragic accident involves someone they love. 

Successful wrongful death lawsuits can provide financial compensation for both economic and non-economic damages directly related to a person’s passing. Typically, no matter how egregious the situation is, only one wrongful death lawsuit against a responsible party is possible.

Who can file a wrongful death lawsuit?

A lawsuit begins with the estate

Wrongful death statutes are state-level laws, which means the procedures are different in every jurisdiction. In some states, close family members have the statutory right to file a wrongful death lawsuit. In North Carolina, the law requires that the personal representative or executor of the person who died file the lawsuit.

They take legal action seeking to recover losses on behalf of the estate. They then distribute the proceeds of successful litigation among immediate family members, such as the surviving spouse and children of the decedent.

In some cases, the personal representative may be an immediate family member. In other cases, the family members of the person who died may need to communicate with the personal representative administering their loved one’s estate to discuss the potential need for a wrongful death lawsuit.

Retaining legal guidance is often necessary when planning for wrongful death litigation. Grieving families and personal representatives may need to consult with a lawyer to determine if their situation warrants litigation, and that’s okay.

After a death caused by misconduct or negligence occurs, surviving family members usually have the option of filing a wrongful death lawsuit. They can ask the court to award them compensation for the financial harm they suffer because of the death of a family member.

Families can ask the personal representative of the deceased person’s estate to file a lawsuit. They can seek compensation for the full economic value of the deceased party’s life, including the financial support they may have provided their family if they survived. Determining future income can be a challenge for those navigating a wrongful death lawsuit.

Wages usually increase over a lifetime

Most people gain experience that makes them eligible for better positions throughout their careers. They may start in one job but retire from a completely different one. They may also be eligible for regular raises, as well as more comprehensive benefit packages as they accrue seniority with their employers.

Determining the value of a deceased person’s future earning potential can be a very difficult undertaking for those grieving a recent loss. An attorney can help conduct the research necessary to estimate future lost wages. They can also manage the process of preparing court paperwork, negotiating with the other party and documenting the economic details that guided their calculations.

Families who have support have a better chance of securing fair outcomes in wrongful death cases. Having experienced legal guidance can help families seek justice when one person’s misconduct or negligence has a profoundly negative impact on others.

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.

Understanding the types of damages

A wrongful death case seeks compensation for both financial losses and the emotional impact of losing a loved one. While every situation is different, certain types of damages commonly appear in North Carolina claims, including:

• Medical and funeral expenses: Paying for hospital treatment, emergency care and funeral arrangements
• Lost income and benefits: Losing wages, bonuses and other financial support the deceased would have provided
• Loss of care and companionship: Losing emotional and practical support for family members
• Pain and suffering: Experiencing physical and emotional distress before death
• Mental anguish for family members: Experiencing grief, stress and emotional hardship after the loss 

These damages can show how compensation may help support your family and recognize the impact of the loss. Having someone who knows the legal steps can also take the weight off your shoulders and help make sure nothing important slips through the cracks.

Turning knowledge into action

Understanding the damages you may pursue in a wrongful death claim is only the first step. The next is putting that knowledge into action by gathering evidence, proving negligence and showing how the loss has affected your family.

Taking careful, early steps can make a real difference. It may improve your chances of securing fair compensation and help reduce stress during an already difficult time. This clarity gives you the confidence to make informed decisions that protect your family’s future.

How wrongful death works when no insurance exists

Insurance can help pay damages, but it does not control your ability to bring a claim. You can still pursue a case through the estate’s personal representative, who seeks compensation directly from the at-fault party or their insurer.

Who pays damages in an uninsured wrongful death case

Many at-fault parties carry auto or business liability insurance, which often becomes the primary source of payment. If coverage is missing or too low, you can pursue personal assets or use uninsured or underinsured motorist coverage from another household policy.

Evidence you need to prove an uninsured wrongful death claim

Strong evidence drives the case forward, including photos, witness statements, reports, medical records, and financial documents. These materials show what happened and demonstrate funeral costs, medical bills, lost income, and the value of services the decedent provided.

How an uninsured status affects compensation

The decedent’s lack of insurance does not reduce what you can request, since North Carolina law allows claims for both economic and non‑economic damages. You can pursue compensation from the at-fault party’s coverage first, and when limits fall short, you can continue against their assets or other available policies.

Moving forward with a clear understanding

You still hold the right to file a wrongful death claim even without insurance on the decedent. Your case focuses on the at-fault party’s actions and the harm your family experiences, supported by strong evidence and all available coverage options.

Who receives the settlement money

North Carolina law directs the personal representative of the deceased person’s estate to handle any wrongful death settlement. Even though the representative manages the money, the funds do not become part of the estate for inheritance purposes. Instead, the money goes to the people entitled to recover under the state’s intestate succession laws in Chapter 29 of the North Carolina General Statutes.

That means the same rules that apply when someone dies without a will determine who receives the settlement. A surviving spouse often receives the largest share, but children, parents, or other relatives may also qualify depending on who survives the deceased person.

How the law divides the settlement

Before dividing the settlement, the personal representative must pay specific expenses allowed by law. These can include medical bills related to the injury, funeral costs, and court-approved attorney’s fees. After covering those expenses, the representative distributes the remaining funds according to intestate succession.

If the deceased person had a spouse and children, both share in the proceeds. When no children exist, the spouse may receive all or most of the settlement. If there is no spouse, surviving children or parents receive the money. The exact split depends on each family’s situation

When family members disagree

Disagreements sometimes arise over how the representative divides the settlement. If that happens, the court can review the distribution and resolve the dispute under North Carolina law. Each person with a legal interest has the chance to present their side before the court makes its decision.

Clear rules help families move forward

Knowing that North Carolina law sets clear rules for distribution can bring some relief. These laws ensure that every eligible family member receives a fair share and that the settlement supports those most affected by the loss.

The role of the personal representative

In North Carolina, only the personal representative of the deceased person’s estate files a wrongful death claim. A will may name this person, or the court may appoint someone if no will exists. Often, a close family member such as a spouse, parent, or adult child serves in this role. The representative files the claim on behalf of the estate, not for their own benefit.

Who benefits from a wrongful death claim

Although the personal representative files the claim, the compensation goes to the deceased person’s beneficiaries. These include the spouse, children, and sometimes parents. If no valid will exists, North Carolina’s intestacy laws direct how to distribute the recovery. This process ensures the family members most affected by the loss receive financial support.

Types of damages recoverable

A wrongful death claim can seek many types of damages. These include medical costs related to the injury, funeral and burial expenses, loss of income, and the value of companionship and guidance the person provided. The court may also award punitive damages when willful or reckless conduct caused the death. All damages flow through the estate to support the surviving family members.

Why understanding eligibility matters

Understanding who can file and who benefits from a wrongful death claim shapes how families move forward after a loss. Clear knowledge of the law helps relatives focus on healing while ensuring they know what steps may protect their financial recovery. By keeping these rules in mind, families can approach the process with fewer uncertainties.

Who has the authority to file a wrongful death claim involving a minor?

Under North Carolina law, the personal representative of the deceased child’s estate must initiate the wrongful death claim. A parent or legal guardian typically assumes this responsibility. Even in cases where the child possessed no assets, you must establish an estate to move forward. Although the legal framework applies similarly to both minors and adults, courts apply distinct criteria when assessing damages for a child’s death.

What categories of damages can be recovered?

You may recover a range of damages, including the cost of medical treatment, funeral and burial expenses, and compensation for the child’s pain and suffering prior to death. When determining economic loss, courts may also project the minor’s potential lifetime earnings. Judges base these calculations on the child’s age, health, education prospects, and anticipated career trajectory.

Courts may also award damages for the loss of companionship and household services the child might have provided. These contributions may include emotional support, guidance, and assistance with everyday responsibilities. Judges evaluate the child’s involvement within the family to determine appropriate compensation.

What role does contributory negligence play in these cases?

North Carolina adheres to the doctrine of contributory negligence. If the child bore any degree of responsibility for the incident—even minimal—the law may prevent recovery. However, courts usually do not apply this rule to very young children who lack the capacity to appreciate risk or behave negligently.

Steps involved in the legal process

You must first appoint a personal representative to establish the child’s estate. After doing so, you can initiate the wrongful death claim. Although many of these claims settle outside of court, some proceed to trial. While the legal process may take time, it serves to hold the responsible party accountable and may provide some financial relief.

Emotional pain and suffering

Families feel intense emotional distress after a wrongful death. Sadness becomes overwhelming often mixed with anger and a feeling of unfairness. Survivors may experience worry sadness or post-traumatic stress. The sudden nature of the loss prevents normal grieving and leaves lasting emotional hurt.

Money problems

A wrongful death often causes serious financial difficulty. The person who died might have been the main earner. Families lose wages benefits and money they would have earned later. Funeral costs medical bills and everyday household expenses become crushing burdens. This money problem adds huge stress during an already difficult time.

Loss of companionship

Families lose valuable support and friendship. The person who died gave emotional comfort advice and practical help. Children lose a parent spouses lose a partner and parents lose a child. This empty space affects daily life family relationships and future plans. That unique connection’s absence creates an irreplaceable emptiness.

Family changes

Wrongful death deeply disrupts family relationships. Roles shift duties change and family connections may strain. Survivors might struggle to redefine their lives and find a new sense of normal. The shared trauma can either bring families closer or cause unexpected problems.

Seeking justice

Dealing with the aftermath of a wrongful death requires strength and clarity. Families need to understand their rights and the legal paths open to them. North Carolina law allows families to pursue claims for their losses. This process offers a key step towards healing and rebuilding their lives.

Emotional toll of a wrongful death lawsuit

The emotional strain from a wrongful death lawsuit is significant. Grieving the loss of a family member is hard enough, but the added stress of pursuing legal action can intensify feelings of sadness, anger, and frustration. As the case progresses, you may have to relive painful memories, especially when gathering evidence or discussing the details of the incident. For some, this emotional toll can affect their mental health, causing anxiety, depression, or difficulty coping with everyday responsibilities.

Financial strain during a wrongful death case

The financial impact of a wrongful death lawsuit in North Carolina can also be overwhelming. While seeking compensation is the main goal of such lawsuits, the process can take months or even years to resolve. During this time, you may incur legal fees, medical costs, funeral expenses, and loss of income. In some cases, the deceased may have been the primary income earner, leaving a significant gap in the family’s financial stability. Even with compensation, there’s no way to completely replace the support that the deceased provided.

The long-term effects on families

In addition to the immediate emotional and financial toll, the long-term effects can shape the future. Families may struggle to find closure while still dealing with the aftermath of the incident. Relationships can also be strained due to the stresses of litigation. Moreover, the financial strain might continue for years as families adjust to life without their loved one.

Filing a wrongful death claim brings the opportunity for justice and financial compensation, but the emotional and financial toll on families can be considerable. Understanding these impacts is essential when considering a wrongful death lawsuit in North Carolina.

Types of compensation available

When someone dies in a wrongful death case, surviving family members may receive various forms of compensation. The main types of compensation include economic and non-economic damages. Economic damages cover financial losses, such as medical bills, funeral costs, and the wages the deceased would have earned. Non-economic damages address the emotional impact of the death, such as pain and suffering, loss of companionship, and emotional distress.

Who can receive compensation?

Not every family member can receive compensation in a wrongful death case. If there is no surviving spouse, child, or parent, the personal representative of the deceased’s estate can bring the case. North Carolina law allows only these individuals to recover damages, so it’s important to understand your eligibility before pursuing a claim. It’s important to understand your rights as a family member before moving forward with a lawsuit.

How compensation is determined

The amount of compensation you can receive depends on several factors. These include the deceased person’s age, health, income, and the relationship with the survivors. Courts will consider how much the deceased person contributed financially to the family and the emotional loss caused by their death. North Carolina does not impose a cap on the amount of damages that can be awarded, but the total recovery may still depend on the strength of the evidence and the details of the case.

Compensation process

To file a wrongful death claim, you must prove that someone else’s negligence or intentional harm caused the death. This process involves gathering evidence such as medical records, accident reports, and testimony. The compensation process takes time, and the outcome depends on how strong your case is.

Understanding how compensation works in wrongful death cases can help families cope with the financial aftermath. Though the process may be complex, securing compensation offers much-needed support during a challenging time.

Types of damages you can claim

North Carolina law allows you to recover both economic and non-economic damages in wrongful death cases. Economic damages include medical expenses, funeral and burial costs, and the loss of the deceased’s income and benefits. These losses have clear dollar values and can be proven with bills, records, or employment data.

Non-economic damages cover losses that don’t come with receipts. These include pain and suffering the deceased experienced before death, as well as the loss of companionship, services, protection, and care they provided to loved ones. A jury usually decides these based on the evidence presented.

Who receives the damages

The compensation recovered from a wrongful death claim gets distributed according to North Carolina’s intestacy laws. That means if the person didn’t have a will, their closest relatives will receive the damages in a specific legal order. Typically, spouses, children, and sometimes parents benefit from the award, depending on who survives the deceased.

A personal representative, often named in the deceased’s estate or appointed by a court, files the lawsuit and receives the compensation on behalf of the eligible family members.

What factors affect the amount recovered

Several factors influence the final amount awarded in a wrongful death case. The deceased’s age, income, health, and life expectancy all play a role. Courts may also consider how dependent the survivors were on the person who passed away

Pain and suffering, both of the deceased and the survivors, can also impact the total compensation. However, North Carolina’s strict contributory negligence law could prevent any recovery if the deceased was found even slightly at fault.

Wrongful death cases can result in significant compensation, but several factors influence what you might receive. Knowing the types of damages and how they’re awarded can help you understand your rights under North Carolina law.

Wrongful death action

A wrongful death action is filed by surviving family members, such as spouses, children, or parents, against the party responsible for the death. The focus is on the survivors’ loss. Damages may include funeral expenses, loss of companionship, and emotional distress. Wrongful death actions aim to compensate survivors for the emotional and financial effects of their loved one’s death.

Survival action

Survival actions are filed on behalf of the deceased’s estate. These actions seek damages the deceased person could have pursued if they had survived. For example, compensation for pain and suffering before death or lost wages. Survival actions are typically handled by the estate’s representative.

Key differences

A key difference between wrongful death and survival actions is the focus of the claim. Wrongful death actions compensate survivors, while survival actions recover damages for the deceased’s estate. Wrongful death actions address emotional and financial loss to survivors, while survival actions cover losses experienced by the deceased prior to death.

Understanding the legal process

The legal process for both actions can be complex. Deciding which action is appropriate depends on the case and the goals of the family or estate. In some cases, both actions can be pursued together, offering compensation for both survivors and the estate.

Though these actions differ, both serve an important role in ensuring justice after a loss. Understanding these differences can help you determine the right approach.

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. 

In a recent appellate opinion, the North Carolina Court of Appeal considered whether a wrongful death claim brought against the City of Raleigh was valid. In the complaint, the administrator of the decedent’s estate brought a claim against the city alleging that one of its officer’s patrol cars collided head-on with the motorized scooter on which the decedent was riding. According to the record, the officer was speeding on a two-lane road while engaged in a silent vehicle pursuit. The decedent, traveling in the opposite direction, made an abrupt turn across the officer’s lane of travel without using a turn signal. The vehicles collided head-on and the decedent and his passenger died immediately.

The trial court granted a motion to dismiss from the city and the plaintiff appealed. The plaintiff argued that the evidence presented a genuine issue of material fact regarding whether the officer was operating his patrol car with gross negligence. It also argued that governmental immunity did not apply to this case because the officer was acting in a particularly reckless manner and on the basis that the city waived its right to sovereign immunity. The plaintiff also alleged that its negligent supervision claim was improperly dismissed.

The appellate court ultimately upheld the order for summary judgment on the basis that the facts that the plaintiff put forth did not rise to the level of gross negligence. The officer was justified in driving well above the speed limit because he was in pursuit of a speeding vehicle. A speeding driver presents a public danger and the only way to apprehend a speeding driver is by speeding to catch him or her. It also rejected the notion that the defendants waived their right to sovereign immunity. This doctrine gives the state immunity from being sued except in a few limited circumstances or where the state consents to be sued. But the North Carolina Tort Claims Act protects government officers, employees, and agents from suit when they were acting within the scope of their duties.

If you lost a loved one as the result of a sudden and careless accident, contact the compassionate wrongful death attorneys at Maurer Law today to begin exploring your potential claim. We have assisted numerous individuals throughout the area by protecting their rights and securing the compensation they deserve. Call our office at 704-243-9292 or contact us online to set up your free and confidential consultation.

Recently, the North Carolina Court of Appeal was asked to consider whether summary judgment was appropriately granted in a wrongful death claim. The decedent lost his life when the tractor that he was operating at a construction site began to roll, ejecting him from the machine. The tractor rolled on top of him and he died as a result of his injuries.

His mother filed a wrongful death complaint as the administrator of his estate and alleged that the defendants, the decedent’s employers, were grossly negligent by replacing the seat of the tractor with one that did not have a seatbelt and allowing the tractor to be operated without a seatbelt. The complaint also alleged negligence for failing to adopt safety procedures that would have prevented the operation of the tractor on a slope where it could roll over and by directing the decedent to run the tractor on the slope. The plaintiff alleged that each of these actions were willful and not merely careless accidents.

The defendants moved for summary judgment arguing that the plaintiff’s only remedy was with North Carolina’s workers’ compensation system, which handles work-related injuries. The lower court found that summary judgment was appropriate for some of the defendant-employers and entered it accordingly. But the lower court denied summary judgment against two of the defendant-employers. These defendants appealed.

On review, the appellate court considered whether the plaintiff had offered enough evidence to show that the claims fell outside of the exclusivity provisions of North Carolina’s workers’ compensation laws. For a work-related injury to be heard outside of this system, the plaintiff must show that the employer engaged in intentional misconduct that was substantially certain to lead to the worker’s serious injury or death. Here, even though the record contained evidence of clear OSHA violations, the tractor had been operated for over a year without a seatbelt and there were no prior safety incidents. This fact suggested that the operation of the tractor without a seatbelt was not substantially certain to lead to serious injury or death. As a result, the appellate court reversed the lower court’s denial of summary judgment as to the remaining defendant-employers.

If you lost a loved one to an avoidable or careless accident, then you may be entitled to recovery. At Maurer Law, we have seen firsthand how devastating this situation can be for the surviving loved ones. Our compassionate team of Charlotte wrongful death lawyers is prepared to guide you through the legal process and help you receive the closure that you deserve after this horrifying accident. To schedule a free consultation, contact our office at 704-243-9292 or contact us online to get started.

Recently, a North Carolina Court of Appeal discussed whether a fraternity can be held liable for injuries that a student sustains as a result of hazing activities. The decedent in the case was a student who was pledged to a local chapter of a national fraternity. He died while staying as an overnight guest at the apartment of another fraternity member. The fraternity member testified that the pair had stayed up until 4 a.m. ingesting drugs and alcohol and that he went to class at 9 a.m. when he observed the decedent still sleeping in his apartment. He further testified that when he returned from class the decedent was pale, non-responsive, and appeared to have vomited.

Evidence in the record detailed some of the hazing activities that pledge class members allegedly underwent including being forced to drink alcohol to excess and physical violence. Text messages that the decedent had sent his friends suggested that he was undergoing serious mental stress as a result of the alleged hazing activities and pressures of the pledge process.

The decedent’s estate brought a negligence action against the chapter and the campus alleging that its hazing practices were the ultimate cause of the student’s death. An autopsy concluded that the cause of death was poisoning from an opioid painkiller that the decedent had taken with the fraternity brother at his apartment and that any physical injuries identified were superficial and not a contributing factor to his death. The decedent’s family hired a forensic pathologist, who concluded that the decedent died from aspirating vomit, which was precipitated by blunt force trauma to his head and a resulting concussion. The pathologist also stated that the levels of drugs identified in the autopsy report were not high enough to be lethal.

The lower court ultimately granted summary judgment in favor of the fraternity on the basis that the plaintiff had provided at most speculation that the hazing activities were the cause of the decedent’s death. Ordinarily, whether conduct is the proximate cause of an injury is a question left to the jury to decide. Where the evidence is so compelling that no reasonable minds could differ, however, a court can reach a conclusion regarding proximate cause without the jury. The appellate court determined that this was a situation where the evidence was clear regarding the lack of a causal connection between the fraternity’s alleged hazing activities and the decedent’s death. As a result, it upheld the lower court’s order of summary judgment in the fraternity’s favor.

If you or your child is involved with a fraternity or sorority and has suffered an injury as a result of hazing, contact the Charlotte personal injury lawyers at Maurer Law as soon as possible to explore your potential right to damages. Hazing is incredibly dangerous and can leave lasting emotional and physical injuries on the victim. Our compassionate team of legal professionals offers a free and private consultation to discuss your situation. Call today at 704-243-9292 or contact us online to get started.

Recently, the North Carolina Court of Appeals issued an opinion discussing a case where a man died from injuries he sustained after being punched in the head at a bar. The defendant and decedent arranged to meet at the club to discuss an alleged altercation between the defendant’s sister and the decedent. The decedent arrived with two friends and his sister. The defendant punched the decedent soon after and he fell striking his head on the floor. He was taken to a hospital where he was eventually declared brain dead and removed from life support.

The decedent’s brother filed a wrongful death action against the defendant alleging a number of claims. Evidence in the record suggested that the decedent and his mother had a special bond. He lived with his mother and provided her with assistance around the house. Witnesses testified that the mother’s behavior changed after the death and she stopped taking care of her health issues. She suffered a major stroke roughly one year after the death.

Following trial, the plaintiff moved for a directed verdict on the issue of liability. This is a request for the judge to enter a ruling determining that there is no legally sufficient evidence for the jury to reach a different conclusion. The judge granted the motion and the trial turned to an assessment of damages. The jury awarded the plaintiff roughly $3.5 million for the decedent’s death.

The defendant appealed on the basis that the award was excessive and based on prejudice and passion and that the evidence did not support an award that substantial. Specifically, the defendant argued that the lower court erred by allowing the plaintiff’s physician witness to testify as an expert witness. The appellate court rejected this argument first on the basis that the defendant did not preserve this issue for appeal. If a party does not raise an objection at the time that it occurs, he or she waives the right to bring up the alleged error later on in the proceedings. The appellate court rejected the defendant’s additional arguments regarding approval of the expert finding that the defendant had an opportunity to contest the approval of the physician as an expert witness and failed to take it.

If you were injured by someone in an assault, battery, or another event, then you may be entitled to compensation in a civil lawsuit. The experienced North Carolina personal injury lawyers at Maurer Law are prepared to assist you with all aspects of your claim. To schedule a free consultation, contact our office today at 704-243-9292 or contact us online.

Recently, the North Carolina Court of Appeal heard an appeal in a case where the defendant appealed from an award of compensatory and punitive damages in an action where the plaintiff alleged that the defendant was responsible for his wife’s death. Punitive damages are a special category of damages that a jury can award if it finds that the defendant’s conduct is particularly egregious and reckless.

Before trial, the parties stipulated to a set of facts establishing that the defendant was negligent in causing the death of the plaintiff’s wife while driving. The defendant agreed that she lost control of her vehicle and swerved into the opposing lane of traffic and running directly into the decedent as she was walking along the shoulder of the road. The trial was split into two phases, which is called bifurcation. The first phase was to determine the amount of compensatory damages that the plaintiff should receive for his suffering and loss. The jury awarded $4.25 million.

The second phase was regarding punitive damages. During this phase, the jury heard evidence showing that the defendant was a student who consumed alcohol on the morning of the accident and whose blood alcohol level was above the legal limit at the time of the accident. The jury awarded $45,000 in punitive damages. The defendant filed a motion for a new trial and the lower court denied it.

On appeal, the plaintiff argued that the lower court allowed improper conduct during the trial and that the lower court erred in denying the motion for a new trial. After reviewing all of the evidence and addressing each of the plaintiff’s arguments, the appellate court concluded that the plaintiff received a fair trial. For example, the appellate court rejected challenges around the witnesses who were allowed to testify during the trial on compensatory damages, including witnesses who were not direct heirs of the decedent. The appellate court found that the testimony was directly relevant to determining the plaintiff’s loss of love, companionship, and support.

If you have lost a loved one in an unnecessary and avoidable accident, you may be able to bring a wrongful death claim to recover compensation for your injuries and damages. At Maurer Law, we are ready to provide you with the responsive and compassionate legal counsel that you deserve during this time. We offer a free consultation to discuss your situation so call us at 704-243-9292 or contact us online to get started.