Cases involving fatal injury involve many complex legal issues. These are also difficult cases for the family to face and present. Multiple family members typically share the right to compensation in cases involving death of a loved one, and the surviving family members must fully understand North Carolina’s Wrongful Death Act and all of the damages laws, estate and probate laws, and tax laws that affect the case.
Under North Carolina law, a wrongful death claim can be presented whenever a person’s death is caused by the wrongful act, neglect or fault of another. The Wrongful Death Act is the statute that establishes the right to present fatal injury claims, and allows surviving family members to collect for collision related financial and emotional losses. The intended purpose of the Wrongful Death Act is to financially place the legal beneficiaries of the deceased victim in the same position that they would have been had the victim not died.
The surviving family members must be equipped to present all evidence relating both to the cause of death, and also to prove all emotional and financial losses imposed upon the family due to the decedent’s passing. Although a human life can never be replaced, the devastating financial consequences caused by the loss of a loved one can be lessened if all responsible parties are compelled to pay fair value for the lost income, lost companionship, and all lost household contributions of the victim.