Local Attorneys Manage Claims for Wrongful Death in North Carolina
Close personal attention and dependable representation for grieving families
The sudden death of a cherished family member is always an emotional blow. But the situation is so much worse when the death was entirely unnecessary. At Marcari, Russotto, Spencer & Balaban P.C., we help grieving families put their lives back together, by holding wrongdoers accountable and securing financial compensation. If your loved one perished as the result of someone’s negligence, recklessness or deliberate actions, you can recover for your financial and personal losses. But most importantly, you can have justice.
Who can file a wrongful death action in North Carolina?
A wrongful death action is similar to a personal injury claim, in that both are civil actions which attempt to hold a negligent party liable for economic and noneconomic damages that resulted from a careless act. The liability laws are the same, as is the burden of proof (preponderance of the evidence). The statute of limitation for a wrongful death action is two years, rather than the three for personal injury.
Another difference is that, in North Carolina, you sue for the decedent’s losses as well as your own. Under North Carolina Statutes §28A-18-2, these include:
- Expenses for care, treatment and hospitalization prior to 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 suing, such as:
- Decedent’s net income
- Decedent’s services, protection, care and assistance
- Decedent’s society, companionship, comfort, guidance, kindly offices and advice
- Punitive damages the decedent could have in a personal injury action
- Punitive damages for wrongfully causing the decedent’s death if done through malice or willful or wanton conduct
- Nominal damages the jury finds appropriate
A personal representative of the decedent’s estate files one action for the benefit of the estate and all parties who are eligible to collect damages. Potential beneficiaries are those who are entitled to inherit from the decedent under North Carolina’s laws of intestacy.
Contact an experienced trial attorney for your wrongful death claim
Marcari, Russotto, Spencer & Balaban P.C. helps grieving families get justice for their lost loved ones. If you want an experienced and resourceful law firm that works diligently to hold wrongdoers accountable, you’ve come to the right website, and you’ll soon be speaking to the right attorney. To schedule a free consultation, call (888) 351-1038 or contact our office online.