What are the non-economic damages that may be available in a wrongful death case?
In North Carolina, non-economic damages are available in a wrongful death case, such as compensation for emotional distress, loss of companionship, and pain and suffering. Emotional distress damages in a wrongful death case would compensate for mental distress suffered by the surviving family members. This includes grief, anxiety, shock, fear, frustration, and other types of psychological suffering. Loss of companionship damages compensates for the loss of companionship, guidance, protection, and support that the surviving family members experience when the deceased person passes away. Lastly, pain and suffering damages are compensation for the physical and emotional pain and suffering the deceased person experienced prior to their death that is a result of the wrongful conduct and negligence of another. In a wrongful death case, these non-economic damages are available to the surviving family members. These damages can be in addition to economic damages that may also be awarded. Economic damages typically are available to compensate for financial losses the family has suffered, such as medical bills, lost wages, and funeral expenses. In summary, in North Carolina, wrongful death cases can provide for both economic and non-economic damages. Non-economic damages may include compensation for emotional distress, loss of companionship, and pain and suffering experienced by the surviving family members.
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