What is wrongful death by negligence?
Wrongful death by negligence in North Carolina occurs when a person dies due to the negligence of another person. Negligence refers to a person’s failure to use reasonable care, which causes injury or death to another person. In order to be considered negligence, the injury or death must be the result of an act or omission that an ordinary, reasonable person would consider careless or unreasonable. For example, operating a motor vehicle in a way that is considered dangerous or leaving hazardous materials in a place that could endanger someone can all be considered negligent acts that could result in wrongful death. In North Carolina, wrongful death claims are governed by the state’s Wrongful Death Statute. Under this statute, a wrongful death claim can be brought by the surviving family members of the deceased. This action is a civil suit, so the family of the deceased is not bringing criminal charges. Instead, the family is seeking monetary compensation for losses associated with the death including medical expenses, loss of consortium, or lost income. The purpose of wrongful death claims is to provide financial security for the family of the deceased. If a person’s death is caused by the negligent act of another, the family should not have to bear the financial burden of their loved one’s death. Wrongful death claims are designed to provide justice and financial compensation to the surviving members of the deceased’s family.
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