Losing a loved one is devastating. When that loss is due to someone else’s negligence or misconduct, it understandably ignites anger and a fierce desire for justice. Wrongful death claims exist to hold responsible parties accountable and to secure financial relief for the family members left behind. While no lawsuit can reverse the tragedy, it can help ease the burden by covering medical expenses, lost income, and the emotional toll that follows such a loss.
Who Can Receive Compensation in a Wrongful Death Claim?
In a wrongful death case, compensation doesn’t go to just anyone. The law prioritizes the people who were closest to the deceased and most affected by their passing. The beneficiaries of these claims are determined by North Carolina’s Intestate Succession Act, which dictates who is entitled to the damages recovered.
Typically, this includes the deceased’s spouse, children, and parents. If the decedent didn’t have immediate family, other relatives, such as siblings, may be next in line. The personal representative of the estate, often a close family member, is responsible for filing the lawsuit and distributing the compensation.
The compensation is not part of the estate’s assets. This means it isn’t subject to the deceased’s debts, except for a few specific expenses like funeral costs or medical bills up to $4,500. After those are covered, the rest is intended solely for the beneficiaries.
Types of Damages You Can Recover
There are various types of damages that can be recovered in a wrongful death case, designed to compensate the family for both financial and emotional losses. First, there are medical expenses related to the injury that caused the death. These can include hospital bills, treatment costs, and any other care the deceased received before passing.
Funeral expenses are also recoverable, ensuring that the family isn’t left shouldering the burden of these costs. Beyond that, families can seek compensation for the loss of financial support the deceased would have provided, as well as the loss of services, care, and guidance they offered. The emotional toll is also considered, with damages awarded for loss of companionship, comfort, and advice.
In some cases, punitive damages may be awarded if the death was the result of malicious or particularly reckless behavior. These damages are meant to punish the wrongdoer and deter similar conduct in the future. Even if substantial financial losses can’t be proven, a jury may still award nominal damages to establish that the wrongful act occurred.
Get the Legal Support You Need
While it’s not a legal requirement to have an attorney, pursuing a wrongful death claim without one is an uphill battle. The legal system is complex, and insurance companies don’t play fair. Their goal is to minimize what they pay out, and they’ll use every trick in the book to do so.
Wrongful death lawsuits are about more than just money. They’re about justice. They’re about holding people accountable for the harm they’ve caused. And they’re about securing the financial future of those left behind, ensuring they aren’t drowning in medical bills and lost income on top of their grief.If you’ve lost a loved one due to someone else’s negligence or misconduct, you shouldn’t have to put the pieces back together alone. The Snow Legal Group, PLLC is passionate about protecting the rights of families seeking compensation through wrongful death claims. Call us at 704-644-8324 today to get the aggressive representation you deserve and hold those responsible accountable.