If you lose a loved one due to someone’s negligence or wrongdoing, you likely can recover damages from the person at fault via a wrongful death suit. Keep in mind that in North Carolina, only the personal representative of the decedent’s estate can bring a wrongful death action. However, (s)he brings that action on behalf of the decedent’s estate and heirs; i.e, close family members. Consequently, if the decedent was your spouse, child, parent, etc., you likely can recover your damages.
FindLaw explains that the plaintiff in a wrongful death suit must prove the following in order to prevail:
- That the decedent died
- That (s)he died due to the defendant’s negligence or wrongdoing
- That the defendant knew or should have known that his or her actions would harm the decedent
- That the defendant’s actions represented the proximate cause of the decedent’s death
- That the decedent’s estate and heirs suffered compensable damages as the result of the decedent’s death
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Damage types
Wrongful death damages come in both economic and noneconomic forms. Your economic damages include such things as the following:
- The decedent’s medical and funeral expenses
- Your loss of the future goods and services that (s)he would have provided you had (s)he lived his or her full life expectancy
- Your loss of his or her reasonably expected future earnings
- Your loss of his or her reasonably expected future benefits such as medical insurance, pension plans, etc.
- Your loss of your reasonably expected inheritance had (s)he not died wrongfully and prematurely
Your noneconomic damages include your anguish, pain and suffering caused by the decedent’s death; your loss of his or her care, nurturing, protection, guidance, advice, etc.; and your loss of his or her consortium if (s)he was your spouse.
