Are compensatory damages available for a wrongful death claim?

Yes, compensatory damages are available for a wrongful death claim in North Carolina. In North Carolina, wrongful death claims are governed by the Wrongful Death Act. This statute provides that surviving family members of a deceased person may bring a claim for damages resulting from the death of their loved one. Compensatory damages are awarded to survivors of a wrongful death claim to cover the financial losses incurred by the deceased person’s family. These damages may include medical expenses, funeral expenses, lost wages, and loss of companionship. Compensatory damages may also cover emotional distress, mental anguish, and pain and suffering. In certain cases, punitive damages may also be awarded but this is uncommon. In North Carolina, the law allows for the recovery of both economic and non-economic damages for a wrongful death claim. The court will consider a variety of factors when assessing the amount of damages to be awarded. The court takes into account the financial losses suffered by the family, the nature of the injury, the age of the deceased person, and the degree of negligence of the responsible party. After assessing all of the relevant factors, the court will determine the amount of compensatory damages to be awarded.

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