Can I sue the airline for emotional distress if my loved one was killed in a plane crash?
Yes, you may be able to sue the airline for emotional distress if your loved one was killed in a plane crash in North Carolina. Generally speaking, under North Carolina law, you may be able to seek damages in a wrongful death lawsuit for emotional distress as a legal remedy. This is known as a “survival” claim. The claim includes any damages that the deceased would have been able to recover had they lived, such as emotional distress. In order to pursue this type of claim, you must be able to establish that the airline was at fault for the accident. This means that you must prove that the airline acted negligently or recklessly when it came to the maintenance, inspection, or operation of an aircraft, ultimately resulting in the death of your loved one. In addition to emotional distress, you may also be able to seek damages for the pain and suffering your loved one experienced, any medical expenses incurred, lost wages, and loss of companionship. It is important to note that these types of cases can be highly complex and may be difficult to prove. It is advisable to seek legal counsel if you wish to pursue a wrongful death claim against an airline. An experienced North Carolina plane accident lawyer can help guide you through the legal process and provide you with the necessary resources, including experts to help prove your case.
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