How are damages awarded in a wrongful death case from a motor vehicle accident?
In North Carolina, damages awarded for wrongful death due to a motor vehicle accident can vary from case to case. Generally, damages can include compensation for medical expenses, funeral expenses, lost wages, and pain and suffering endured by the deceased before they passed away. If the responsible party is found to be at fault, they can be held responsible to provide a monetary award to the surviving family members. Damages awarded in a wrongful death case may be divided among the entitled family members. For instance, the surviving spouse may receive compensation for the loss of companionship and/or financial support, while the children of the deceased may receive compensation for the loss of a parent. In some cases, the deceased’s parents may also be entitled to some form of compensation. The court will typically consider the financial standing of the deceased as well as the actual losses suffered by the family members before determining the amount of damages to be awarded. In addition to the compensatory damages awarded to the family members of the deceased, punitive damages may also be awarded in some cases. Punitive damages are designed to punish the wrongdoer and can be awarded if it is determined that the responsible party was particularly reckless or intentional. In order to have a successful wrongful death claim, the family of the deceased must be able to demonstrate that the death was caused by the wrongful or negligent actions of the other party. A qualified attorney can help a family determine if they have a valid wrongful death claim and assist them in bringing a lawsuit to recover the appropriate damages.
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