Wrongful Death

Wrongful Death Attorney Charlotte NC and Surrounding Areas

Losing a loved one is never an easy event to handle. When the death comes as the result of another person’s negligent or intentional actions, the loss can be even harder to bear. Because the law prohibits civil actions being filed by a dead person, a suit for wrongful death may only be brought by the personal representative of the decedent's estate. The point of the Wrongful Death action is to seek compensation for wrongful actions that caused the death of a loved one. Wrongful Death actions can arise out of a number of circumstances:

  • Medical malpractice
  • Automobile or airplane accident
  • Occupational exposure to hazardous conditions or substances
  • Criminal behavior
  • Death during a supervised activity

According to North Carolina law (NCGS 28A§18-2(b)) damages recoverable for death by wrongful act include:

  • Expenses for care, treatment and hospitalization incident to the injury resulting in death
  • Compensation for pain and suffering of the decedent
  • The reasonable funeral expenses of the decedent
  • The present monetary value of the decedent to the persons entitled to receive the damages recovered, including but not limited to compensation for the loss of the reasonably expected
    • Net income of the decedent
    • Services, protection, care and assistance of the decedent, whether voluntary or obligatory, to the persons entitled to the damages recovered
    • Society, companionship, comfort, guidance, kindly offices and advice of the decedent to the persons entitled to the damages recovered
  • Punitive damages
  • Nominal damages

Your rights to recover in a Wrongful Death action are governed by law and time is always of the essence. Contact Phillips & McCrea to schedule a free consultation to discuss your right to recover for the wrongful death of your loved one.

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