New Hanover County NC Wrongful Death Attorney David Collins

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In NC, as in most states, when a person is killed as an approximate result of a person or corporation’s negligence, or other misconduct, the personal representative of the decedent's estate can bring an action for compensation. NC’s wrongful death statute is enumerated in N.C.G.S. section 28A-18. The damages which can be recovered include compensation for the pain and suffering of the decedent, expenses for medical care as a result of the injury, funeral expenses, and the net present value of the decedent to the persons entitled to recover for damages including but not limited to the net income of the decedent, services, protection, care and assistance of the decedent, in society, companionship, comfort, etc. Also, in certain cases, punitive damages can be recovered. For instance if a death is caused by malice or willful or wanton conduct on behalf of the defendant.

While it is difficult to imagine trying to place a dollar value on a person’s life, after an individual has been killed, the only remedy under the law is recovery of monetary damages. If a settlement cannot be reached, it is ultimately up to a jury to have the responsibility to place a dollar value on the decedent’s life.

There are specific procedural requirements which must be met before an action for a wrongful death can be brought. They can get complicated and anyone with a potential wrongful death claim should consult with an attorney immediately to discuss the potential of bringing an action.

The beneficiaries of a wrongful death action are the decedent’s survivors. Beneficiaries are determined by the intestate succession act. A decedent’s will is not controlling with respect to the proceedings of a wrongful death action.

New Hanover County, North Carolina is located in southeastern North Carolina and is bordered on the East by the Atlantic Ocean. The northern border of New Hanover County is Pender County, and the western border is Brunswick County. Wilmington, North Carolina is the county seat of New Hanover County and is where the New Hanover County courthouse is located.

If you are charged with a crime or receive a traffic citation such as a speeding ticket anywhere within New Hanover County, your court date and court appearance will be in the New Hanover County courthouse in Wilmington, NC unless you are charged with a federal crime. Collins Law Firm regularly represents people charged with crimes or who have received traffic tickets in New Hanover County.

The New Hanover County Courthouse is located at 316 Princess Street, Wilmington, NC 28401.

Wilmington NC Lawyer - Attorney David Collins - Licensed in North and South Carolina since 1993

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