When an accident results in the death of a loved one, there is no amount of money that can replace the loss of life. North Carolina provides for the recovery of wrongful death damages caused by negligent actions. Grimes Yeoman, PLLC, has helped many families navigate the legal system to recover fair compensation for losing a loved one.
In North Carolina, wrongful death damages are awarded to the beneficiaries according to the Intestate Succession Act. Wrongful death damages include medical and funeral expenses, pain and suffering for the deceased’s conscious physical and emotional distress from injury until death, economic losses from loss of the deceased’s monetary support, and non-economic losses for the loss of society, companionship, comfort, and guidance.
Wrongful death and catastrophic injury cases can be difficult to prove. In order to do so, we must show that someone acted in a negligent manner which resulted in serious harm or even death. Common examples of these injuries include spinal cord injuries, internal injuries, and the loss of sight or hearing. We will build the strongest possible case by examining all medical records and talking to necessary experts in the field.
Pain and suffering of the decedent prior to death can be established with evidence of the amount of time the decedent was conscious prior to death, and whether the decedent was aware of the serious injuries, and evidence of the decedent’s statements of pain or gestures of pain such as grimacing. Eyewitnesses, EMS and first responders, and medical providers and medical records are key sources of evidence.
One of the most catastrophic injuries someone can suffer from is a Traumatic Brain Injury or TBI. This is when your skull is forced open by an external force. It can cause someone to become paralyzed or even place them in a coma. It’s important to know that the skull doesn’t have to be cracked open in order to be categorized as a TBI. If it is a closed brain injury, this can mean a concussion or contusion has happened. Regardless, we can examine your case and discuss the possibilities.
We also deal with cases involving injuries due to product liability. For example, perhaps a family member went to the doctor and had surgery for a knee replacement. Unfortunately, they got an infection that caused them to pass away as a result. This is something that could have been avoided. While no amount of money can bring someone back, it’s crucial to hold the negligent party accountable.
Economic damages will involve establishing evidence of the present monetary value of net income the deceased would have paid to the beneficiaries or the present value of services the deceased would have contributed. Examples of this type of support include money payments, child support, tuition payments, contribution of services such as babysitting, household chores, yardwork, etc.
Non-economic damages of loss of society, companionship, comfort or guidance are established through evidence of the loving relationship between with the deceased and the family members, such as helping with the care of family members, going on family vacations together, dining together, spending time together, intimate interactions, and just being there for one another for moral support and advice.
Punitive damages may also be recovered in wrongful death claims for egregious misconduct such as DWI, driving while impaired from alcohol or drugs, illegal racing, and any misconduct that was willful, wanton, and malicious that the defendant knew or should have known was likely to result in serious injury or death. Punitive damages are awarded to punish the defendant and deter others from engaging in similar misconduct.
Wrongful death claims are very serious claims and require experienced Wrongful Death Lawyers. Grimes Yeoman has helped many families in the Mooresville area recover wrongful death damages for the negligent death of a family member, and we are committed to helping families obtain justice.
In order to learn more about your options, it is important to talk to an experienced attorney. We will provide you with an honest assessment and guide you in the right direction. To schedule a free consultation, call our office in Mooresville at 704-321-4878 or email us.