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:
Wrongful death damages come in both economic and noneconomic forms. Your economic damages include such things as the following:
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.