Wilmington Beach 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.

Wilmington Beach, North Carolina is not a municipality but was a coastal unincorporated community on Pleasure Island, North Carolina. Pleasure Island is the southernmost tip of New Hanover County. The island was created when Snows Cut Canal was completed in 1931 as part of the Atlantic Intracoastal Waterway System. Wilmington Beach was annexed by the town of Carolina Beach in 2000. Before it was annexed, Wilmington Beach was a buffer between Carolina Beach and the southern most beach in New Hanover County which is Kure Beach, NC.

If you are charged with a crime or receive a speeding ticket or other traffic citation in the area formerly known as Wilmington Beach (now incorporated by the town of Carolina Beach, NC), your court date will be in Wilmington, North Carolina.

Collins Law Firm is located in Wilmington, North Carolina and we are in the courts in Wilmington, NC on almost a daily basis.

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

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