Understanding a Car Accident Wrongful Death Lawsuit in North Carolina (2024)

Any death is tragic, but a death caused by someone else’s negligence can be fraught with strong emotions. When seeking compensation, understanding a car accident wrongful death lawsuit in North Carolina is key. With experienced representation, you can receive compensation for pain and suffering and wages the decedent would have earned.

What Constitutes a Wrongful Death?

When someone’s negligent or aggressive driving leads to someone’s death, surviving loved ones can hire a personal injury attorney to hold the at-fault party accountable by filing a wrongful death claim. Litigation can compel the at-fault party to pay for the harm and financial losses they caused.

A car accident wrongful death lawyer generally has to prove four points.

1. The driver owed a duty of care to drive responsibly.
2. The defendant failed to follow this duty of care.
3. The actions of the defendant caused the death of your loved one.
4. You and your family suffered losses and emotional harm following the death.

Although it may be clear who caused the death of your loved one, the courts rely on evidence when proving fault in a wrongful death case. Hiring a wrongful death attorney can greatly improve the chances that your case is filed properly and you receive the compensation you are lawfully entitled to.

How the Lawsuit Process Works

One common source of compensation following a wrongful death due to a car accident is through the at-fault driver’s car insurance policy. Drivers are required by law to carry liability insurance. An attorney can negotiate with the insurance carrier on behalf of surviving loved ones.

By carefully considering the factors that should be included in a fair settlement, the lawyer can work to make sure the decedent’s surviving loved ones are fairly compensated for their monetary and non-monetary losses.

There are times when more direct legal action is warranted. In cases where the driver committed grave misconduct, such as driving while intoxicated, the decedent’s representative can work with an attorney to file a wrongful death claim in court.

In cases where the at-fault party turns out to be underinsured or uninsured, the plaintiffs can explore the possibility of taking action through the courts.

Compensation You Can Receive From a Settlement

The aim of North Carolina’s wrongful death laws is to compensate the decedent’s loved ones for financial losses and emotional harm they suffered following the loss of a loved one. Your wrongful death attorney can calculate your settlement based on these and other factors.

Following a serious accident, EMS and medical doctors often provide emergency treatment in an attempt to save or revive the deceased loved one. As part of your settlement, you can be compensated for your losses.

Funeral expenses can be costly these days. Any money your family spent on funeral services can be included in the final settlement figure. If the decedent supported your family, their projected future earnings can be included in your wrongful death compensation.

Pain and suffering are often included in wrongful death settlements as well. Upward of 46% of car accident victims suffer from PTSD. Personal injury lawyers can use formulas to calculate the value of the emotional harm that you and your family endured as a result of the tragic accident.

FAQs

Q: How Are Wrongful Death Settlements Paid Out in North Carolina?

A: Wrongful death settlements can be paid by a jury or the at-fault driver’s car insurance carrier. Following a jury decision, the settlement must be paid immediately to the plaintiffs as a lump-sum payment or through monthly payments. Following the awarding of a settlement, the attorney’s contingency fee is paid in accordance with the client-attorney agreement.

Q: Who Is Eligible to File as the Plaintiff?

A: When the decedent lists a personal representative in their will, it provides a clear option for who can represent the decedent’s estate in a wrongful death claim. Relatives (the surviving spouse, children, or parents) can act as plaintiffs in a wrongful death claim.

If the decedent did not leave a will, surviving loved ones can hire an attorney who can ensure that the proper relatives are represented in the claim.

Q: How Are Wrongful Death Settlements Calculated?

A: There is no official wrongful death formula. Personal injury attorneys rely on established formulas for calculating pain and suffering and any non-monetary figures. Monetary damages that can be added to a wrongful death settlement include medical bills, funeral expenses, lost wages, and other figures that can be calculated from receipts and earning statements.

Q: How Do You Split a Wrongful Death Settlement in North Carolina?

A: You split a wrongful death settlement in accordance with the agreement you made with the other plaintiffs. Early on in a wrongful death case, the attorney representing the plaintiffs will ensure the parties agree to the terms of how the settlement will be split.

This agreement includes the contingency fee that pays the attorney for their services. When the parties sign the agreement, the terms for splitting the settlement are formally established.

Q: What Are Pain and Suffering Damages for Wrongful Death?

A: Pain and suffering fall under non-monetary damages because they do not aim to compensate plaintiffs for damaged property or expenses. Rather, they compensate you for the physical pain you endured and the emotional harm you suffered due to someone else’s negligence or misconduct.

In the case of a wrongful death, the plaintiffs often seek compensation for the emotional grief and stress they suffer following a loved one’s death. A personal injury attorney can use established formulas to calculate what those damages could be worth.

Schedule Your Wrongful Death Consultation Today

No amount of money can bring back your loved one. With experienced legal representation, you can hold the person who caused the death accountable through the courts. Justice does not always come quickly, but your attorney can guide you and provide counsel throughout the process.

The office of Christina Rivenbark & Associates provides compassionate and comprehensive legal services. We have helped many surviving loved ones collect compensation following the wrongful death of their loved ones in a car accident. To schedule your no-risk consultation, contact our office today.