It’s Business And It’s Personal

Due to precautions related to COVID-19, remote consultations via teleconferencing, Facetime or Skype are available. Please contact our office to discuss if this option is appropriate for your situation. Let’s all stay healthy and safe.

A wrongful death case can happen even if a death wasn’t a crime

| May 8, 2020 | Wrongful Death |

There are many ways in which actions that lead to someone’s death are a crime under North Carolina law. But sometimes they are not, such as some cases of car accidents or industrial mishaps. This can mean that someone who caused another’s death may walk free with little punishment.

But criminal law is there to protect society. Civil law can help victims of negligent actions claim damages for the results, even if prosecutors decline to attempt a case against the parties who caused a problem. This is the case for victims of medical malpractice as well as everyday accidents.

The estate or other qualified survivor of a victim in a wrongful death case has two years from the subject’s death to file a lawsuit in a North Carolina civil court. The damages that may be claimed include the expenses related to the incident that caused a death and compensation for the pain and suffering, as well as a victim’s monetary value at the time of death.

That sounds a little wrong, doesn’t it? How can a life have a monetary value? This is only a term in claims that helps families regain their financial security. If a person had a net income and a variety of services to a family or community, the value is what it takes to replace them.

No one can be replaced but damages can help people recover in the best way possible after a sudden loss of life. An attorney can help present a case for claiming damages as well as a strategy for doing it right.


FindLaw Network