Just about everyone in Fayetteville will experience a fender-bender at some point, or perhaps a more serious car crash leading to injuries such as broken bones or a concussion. However, every year an unfortunate number of people across North Carolina will lose their lives in a car crash caused by a negligent driver, leaving their loved ones lost and wondering where to turn next. In such circumstances, the victim’s loved ones may want to determine if they can file a wrongful death claim against the at-fault party.
A wrongful death claim is a legal filing brought against the party responsible for the fatal accident by the personal representative of the victim’s estate on behalf of the victim’s survivors. In a wrongful death claim, the victim’s survivors need to be able to prove that their loved one’s death was due to a negligent act by the at-fault party and that this negligence caused the victim’s survivors to suffer financial damages.
There are a several damages under North Carolina law that can be pursued in a wrongful death claim. They include compensation for medical care related to the injury resulting in death, pain and suffering and funeral damages. They also include the present monetary value for the loss of reasonably expected net income of the victim, services of the victim, and companionship of the victim. Depending on the circumstances, punitive damages may sometimes be sought.
A fatal accident is an entirely different legal animal from an accident involving minor injuries. Losing a loved one in a car crash is never easy, especially if the other party to the crash caused the accident due to their negligence or recklessness. This post does not contain legal advice and should not form the basis of any legal filing. Personal injury attorneys in Fayetteville may be a useful resource to those who need more information about wrongful death claims.