William Webb Plyler

Wrongful Death

Family members of a decedent may pursue a lawsuit seeking damages where the decedent’s death was someone’s fault.  The wrongful death claim is brought to recover damages for the surviving family members who have suffered due to the death of the victim.  The purpose of a wrongful death suit is to provide financial compensation to family members who have been injured emotionally and financially as a result of a family member’s death.

North Carolina law governing wrongful death actions is codified in N.C. General Statute Section 28A-18-2.  The wrongful death statute provides a cause of action for damages when the death of a person is caused by a wrongful act, neglect or default of another, such as would, if the injured person had lived, have entitled him or her to a cause of action for damages.  The statute provides that the action must be brought by the personal representative or collector of the decedent. Damages recovered in a wrongful death action, after deducting attorneys’ fees, are distributed as provided in North Carolina’s Intestate Succession Act which governs the distribution of a decedent’s assets when no valid will exists.

The damages recoverable for death by wrongful act include:

1. Expenses for care, treatment and hospitalization incident to the injury resulting in death;
2. Compensation for pain and suffering of the decedent;
3. The reasonable funeral expenses of the decedent;
4. 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;
5. Such punitive damages as the decedent could have recovered pursuant to Chapter 1D of the General Statutes had he survived, and punitive damages for wrongfully causing the death of the decedent through malice or willful or wanton conduct, as defined in G.S. 1D-5;
6. Nominal damages when the jury so finds.