What is a wrongful death claim in a survival action?

A wrongful death claim in a survival action is a type of civil lawsuit that seeks to recover damages for a person’s death in North Carolina. Unlike a criminal case, which is meant to punish the wrongdoer, a wrongful death claim is filed for the purpose of providing financial damages to the surviving family. It is important to note that the person who has wrongfully caused the death cannot be sued directly, so a survival action is the only way to pursue the claim. In a survival action, the claim is made on behalf of the deceased person’s estate. The claim is meant to compensate for the losses that the deceased person suffered, from the moment their wrongful death occurred up until the moment of their death. If a wrongful death claim is filed and won, the money is awarded to the estate of the deceased person, and is then distributed to their rightful beneficiaries. Often times, the damages awarded to a wrongful death claim will be for things like lost wages, medical expenses, funeral costs, or even loss of companionship. Survivors of the deceased person are allowed to seek compensation for damages they suffered as a result of the death, such as emotional distress and mental anguish. Wrongful death claims are important in North Carolina because they provide families of the deceased with much needed financial compensation, and also provide justice by holding wrongdoers accountable for their actions.

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What is a wrongful death claim in a survival action?

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