Shallotte NC Wrongful Death Attorney - Wrongful Death Lawyer
Wrongful Death is a type of claim arising when a person is killed as a result of another person’s or entity’s negligence, or other wrongdoing. It can be brought in a civil action by the executor of the estate of the decedent. Pursuant to N.C.G.S. § 28A-18-2 compensation for damages can be recovered including but not limited to:
- Expenses for care, treatment and hospitalization incident to the injury resulting in 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 entitled to receive the damages recovered, including but not limited to compensation for the loss of the reasonably expected;
- Net income of the decedent,
- Loss of services, protection, care and assistance of the decedent, whether voluntary or obligatory, to the persons entitled to the damages recovered,
- Society, companionship, comfort, guidance, kindly offices and advice of the decedent to the persons entitled to the damages recovered;
- Punitive damages, if a death is caused by malice or willful or wanton conduct.
After an individual has been killed due to someone else's negligence, it is difficult to imagine placing dollar value on a person’s life, under the law the only consolidation is recovery of monetary damages. It is ultimately up to a jury of your peers to have the responsibility to place a dollar value on the decedent’s life if an agreed upon settlement cannot be reached.
Before an action for a wrongful death can be brought to suit, there are certain procedural requirements which must be met. You should contact an attorney as these cases can get complicated and it is in the best interest of anyone with a potential wrongful death claim to consult with an attorney immediately to discuss the potential of bringing an action.
The decedent’s living survivors are the beneficiaries of a wrongful death action. The intestate succession act determines the beneficiaries. A decedent’s will is not controlling with respect to the proceedings of a wrongful death action.
If a loved one has been a victim of wrongful death, call Collins Law Firm at 910-793-9000 where your claim will be handled with compassion.
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