Semi-trucks are commonly seen on the highways of North Carolina, and most of the time truckers handle these behemoth vehicles with safety in mind. Sadly, serious truck accidents still occur when a trucker fails to meet their duty of care and drives recklessly. Because these vehicles are so large and heavy, nearly any collision with a car or smaller truck can lead to severe injury for the occupants of the smaller vehicle. In the worst of circumstances, truck accidents can be deadly. If you lose a loved one in a truck accident you may be left grieving and in a tight financial spot. If so, you may want to learn more about wrongful death lawsuits.
What is a wrongful death lawsuit?
A wrongful death lawsuit is a legal claim filed following the death of someone who would have had standing to pursue a lawsuit based on the same circumstances had they survived. Wrongful death lawsuits are based on negligence. The defendant must have breached their duty of care, leading to the death of the decedent. In North Carolina wrongful death lawsuits are brought by a personal representative of the decedent’s estate.
Damages in a wrongful death lawsuit
There are a variety of damages that can be sought in a wrongful death lawsuit. They include:
- Medical expenses incurred due to the injury that led to the death
- Pain and suffering of the deceased
- Funeral costs
- The loss of income provided by the deceased
- The loss of services, protection and care provided by the deceased, and
- The loss of society, companionship, comfort and guidance of the deceased
In certain circumstances punitive damages may also be sought.
Learn more about wrongful death lawsuits
Losing a loved one in a truck accident or other type of fatal car accident is never easy and can lead to significant emotional and financial losses. While no amount of money can bring back a loved one lost, it may help to learn more about whether a wrongful death claim is right for you.