What is a wrongful death claim?
A wrongful death lawsuit alleges that the decedent was killed as a result of the negligence (or other liability) on the part of the defendant's, and that the surviving dependents or beneficiaries are entitled to monetary damages as a result of the defendant's conduct.
What are the elements of a wrongful death claim?
Generally the death must have been caused, in whole or in part, by the conduct of the defendant. The defendant must be proven to be negligent or strictly liable for the victim's death. Also, a surviving spouse, children, beneficiaries or dependents are the only ones who can make a wrongful death claim. The death of the victim must also have caused monetary damages.
Who should start the investigation of a potential wrongful death claim?
Any person who believes he or she may be a survivor or beneficiary entitled to compensation because of a wrongful death has the right to consider starting the investigation of a potential claim.
What kinds of damages are recoverable in a wrongful death claim?
The following damages may be recovered in a wrongful death action:
- Immediate expenses associated with the death (medical and funeral)
- Loss of victim's anticipated earnings in the future until time of retirement or death (pension, medical coverage, etc.)
- Loss of inheritance caused by the untimely death
- Pain and suffering, or mental anguish to the survivors
- Loss of care, protection, companionship to the survivors
- General damages
- Punitive damages
When are punitive damages available?
Punitive damages are awarded not to compensate the plaintiff, but to punish the defendant. As a result, punitive damages cannot be recovered unless it is proved that the defendant's conduct which caused the victim's death was intentional or malicious.
How are future damages calculated, and what is "present value"?
Many states have adopted life expectancy tables for use in calculating future losses. It is common to take the victim's earnings at the time of their death and calculate the remaining years until retirement or expected death to figure future loss of earnings. Life expectancy table are also used to calculate loss of benefits, such as the amount of pension benefits which would have been available had the victim lived.
Since a settlement of the trial verdict is calculated at one time, the amount of damages to the plaintiffs must include not only damages until the time of settlement or verdict, but also those which reasonably would have been incurred in the future. However, to avoid overcompensating a plaintiff it is common to reduce future losses to present value, the amount of future damages will be calculated, then reduced to an amount that will equal the full amount if it is conservatively invested. As with life expectancy tables, many states have codified how future damages are reduced to present value.
For more information or to contact a North Carolina wrongful death lawyer from Whitley Law Firm, please call or e-mail us today.
