Ayers, Whitlow & Dressler
Free Case Consultations Home & Hospital Visits Available
704-594-4317
Due to the COVID-19 pandemic, we are providing free consultations via PHONE or VIDEO conferencing for your safety and convenience. Our Charlotte office is OPEN during its regular hours. Please don't hesitate to call us if you have any questions! 704-594-4317

What must you prove in a wrongful death case?

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

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.

No Comments

Leave a comment
Comment Information
Email us for response

Have A Question? Fill Out The Form Below:

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Contact our office today. If you have been injured or are no longer able to work, we can help.

Office Location:

301 South McDowell Street
Suite 410
Charlotte, NC 28204

Phone: 704-594-4317
Fax: 704-339-0172
Charlotte Law Office Map