How much is a wrongful death case worth?
The exact amount of compensation available in a North Carolina wrongful death claim depends entirely on the specific facts of the case, including the overall financial and emotional impact of the loss. As each case is unique, there is no standard amount for a wrongful death settlement or verdict.
North Carolina General Statute § 28A-18-2 lists all of the damages the victim’s personal representative can seek. Those damages include:
(1) Expenses for care, treatment and hospitalization incident to the injury resulting in death before the victim died;
(2) Compensation for pain and suffering of the decedent before they died;
(3) The reasonable funeral expenses of the decedent;
(4) The present monetary value of the decedent to the persons who depended on their income, including, but not limited to, compensation for the net income of the victim;
(5) “Services, protection, care and assistance” of the victim to their family; and
(6) “Society, companionship, comfort, guidance, kindly offices and advice” of the decedent to their family;
To prove these losses, the family must provide evidence, such as medical records, wage statements, personal testimony, and expert opinions, demonstrating the impact of the loss.
The types and amounts of damages awarded may depend on many factors, including the victim’s age, income, and life expectancy, as well as the nature of the relationships they left behind.
While calculating economic losses is relatively straightforward because they have exact dollar amounts, calculating non-economic losses can be more difficult. These damages are most likely to rely on testimony from the victim’s survivors. An attorney may also enlist support from outside experts who can testify to the effects of the loss based on their expertise.
If the person at fault acted in a willful and wanton manner or with malice in causing the victim’s death, the family can also seek punitive damages. Even if the defendant’s conduct did not amount to willful and wanton or malice, as a practical matter, courts, juries or insurance adjusters will also consider the circumstances of the death and the conduct of the responsible party.
