A wrongful death suit in North Carolina is a type of personal injury lawsuit specifically focusing on the death of a loved one due to reckless, deliberate or negligent behavior by another. The person’s estate can sue the wrongful party to cover costs related to the death. The case goes before a civil court judge who decides on the awarded damages.
According to NOLO, a variety of parties can be at fault for wrongful death. Anyone from a corporation to an individual may be sued for their actions. Unfortunately, not all cases qualify for wrongful death. In some cases, a government agency or employee of the agency may have immunity from these types of lawsuits. Certain types of cases or allegations against corporations may have immunity according to prior federal court rulings.
The North Carolina General Assembly qualifies awarded damages based upon whether the person had lived. If the defendant would be liable in the event the person had not died, the defendant “shall be liable to an action for damages, to be brought by the personal representative or collector of the decedent.” Damages can include punitive damages, pain and suffering compensation, medical expenses related to the injury, funeral expenses, nominal damages and other monetary losses.
The loss of a loved one can lead to financial loss for the family. Filing a wrongful death lawsuit may help the family recover from those financial losses. An attorney can help you determine whether or not there is a case. Legal counsel looks beyond the emotional to represent the family during the suit.