What happens when a wrongful death case goes to court?

When a wrongful death case goes to court in North Carolina, the case must be tried in a civil court, not a criminal court. This means the case must be proven to a “preponderance of evidence” standard, which is a lower standard than the “beyond a reasonable doubt” criminal standard. In a wrongful death case, the plaintiff will argue that the death was caused by the defendant’s negligence or recklessness. The defendant will typically argue that the death was caused by something other than their negligence or recklessness. Both parties will present evidence and arguments in the hopes of convincing the court that their version of the story is accurate. At the end of the case, the jury will decide whether the defendant is liable for the death of the plaintiff’s loved one. In order to prove the death was caused by the defendant’s negligence or recklessness, the plaintiff must prove that the death was “a foreseeable result” of the defendant’s actions. If the jury finds the defendant liable, they will assess damages for the death. These damages could include funeral costs, medical expenses, and/or lost wages. In some cases, the plaintiff may also be able to recover damages for their suffering, grief, and mental anguish associated with the wrongful death of their loved one. Depending on the circumstances, other damages may also be awarded. However, due to North Carolina’s contributory negligence law, if the victim was partly responsible for the death, their damages may be reduced.

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What happens when a wrongful death case goes to court?

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