Wrongful Death
Wrongful Death:
- Death by Motor Vehicle
- Accidental Death
When someone dies as a result of another person’s or business’s wrongful act or neglect, the personal representative of the decedent can pursue a claim for wrongful death. Claims for wrongful death are controlled by ยง28A-18 of the North Carolina General Statutes. That statute sets forth the procedure to be followed, the amounts and types of damages that can be recovered, what can and cannot be paid out of the damages collected, and the order the damages are to be disbursed when the claim is over.
Damages recoverable in a wrongful death action include:
- Expenses for care, treatment, and hospitalization incident to the injury resulting in death.
- Compensation for pain and suffering of the decedent.
- The reasonable funeral expenses of the decedent.
- The present monetary value of the decedent to the persons entitled to receive the damages recovered, including compensation for the loss of the reasonably expected net income of the decedent, services, protection, care and assistance of the decedent, society, companionship, comfort, guidance, kindly offices and advice of the decedent to the persons entitled to the damages recovered.
- Such punitive damages as the decedent could have recovered had he survived.
- Nominal damages when the jury so finds.
At Ledbetter and Titsworth, P.A., we can direct the personal representative in setting up the estate of the decedent and handle the wrongful death claim from beginning to end. Our attorneys and staff have the experience and expertise it takes to work for you. If you have questions about a possible wrongful death claim, please contact us.