How are damages awarded in a wrongful death case?
In North Carolina, damages in a wrongful death case are determined by the jury. The jury will consider what the deceased would have provided to their family if they had not passed away. This includes lost wages, lost benefits, and the loss of companionship. The jury will also look at funeral and burial expenses, medical expenses, and other costs that have been incurred by the family due to the death. Additionally, the jury may award damages for pain and suffering, both physical and mental, experienced by the family. When a jury is awarded damages, the total amount of damages is distributed among the beneficiaries, who are typically members of the immediate family. The court will also consider the amount of financial and emotional support that the deceased would have provided the family had they not died. Each beneficiary will be awarded an appropriate amount based on their relationship to the deceased. Not all wrongful death cases will go to trial. In many cases, a settlement is reached outside of court. In this case, the family of the deceased will come to an agreement with the responsible party for a certain amount of compensation. This amount is then split among the beneficiaries in a similar way as it would be if the case went to court. Overall, damages awarded in a wrongful death case vary depending on the specific situation. The jury is tasked with considering all factors and awarding an appropriate amount of compensation to the family of the deceased.
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