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Damages Available as Compensation for North Carolina Wrongful Death


If you have lost a family member because of the negligence of another party, you may be entitled to wrongful death compensation.  A wrongful death claim exists any time someone killed by of the wrongful act of another could have, if he or she survived, validly sustained a suit for damages caused by such wrongful acts.  Wrongful death claims most commonly develop from cases of negligence but can also come from intentional torts such as assault.  If you are considering filing a wrongful death lawsuit, contact the Raleigh wrongful death attorneys of Maginnis Law, PLLC at 919.480.8526.

While a civil lawsuit can never cure the pain caused by the loss of a loved one, it can help alleviate some of the economic hardships caused by such tragic loss.  North Carolina law provides that the following damages are recoverable in a wrongful death case:

(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 deceased to the persons entitled to receive the damages recovered, including but not limited to compensation for the loss of the reasonably expected;

a. Net income of the decedent,

b. Services, protection, care and assistance of the deceased, whether voluntary or obligatory, to the persons entitled to the damages recovered,

c. Society, companionship, comfort, guidance, kindly offices and advice of the deceased to the persons entitled to the damages recovered;

(5) Such punitive damages as the deceased could have recovered pursuant to state law; and

(6) Nominal damages

The Raleigh civil litigation attorneys of Maginnis Law, PLLC offer free consultations for all wrongful death cases.  Additionally, all wrongful death matters are handled on a contingency basis so that the estate does not pay attorneys’ fees unless there is a financial recovery.

If you have lost a family member because of someone else’s negligence and would like to pursue a wrongful death lawsuit, contact the Wake County civil litigation personal injury lawyers of Maginnis Law, PLLC at 919.480.8526.  Our attorneys regularly practice in Raleigh, Cary, Chapel Hill, Durham, Apex, Morrisville, Wake Forest, Clayton, and the surrounding Triangle area.  If you would like to contact us via our website, please use our contact page to submit a new case inquiry.

 

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