How Much Can You Sue For in a Wrongful Death Case?

Seeking Justice for Your Loved One’s Death

Wrongful death is the most serious claim the Clauson Law Firm handles. The loss of life due to the negligence of another person is a tragedy that could have been avoided if only the wrongdoer acted with appropriate care. 

Unlike other claims where a financial loss or property damage can be made right by the insurance company writing a check, no amount of money can compensate a spouse, a child, or a parent for the unnecessary death of their loved one. The only recourse we have to seek justice for wrongful death is to file a lawsuit seeking financial restitution from the person responsible for the death.

How much can you sue for? – North Carolina does not limit the amount

Every state has its laws regarding how wrongful death claims are adjudicated. In North Carolina, there are statutory rules that apply to all claims and lawsuits filed to recover compensation from the negligent or reckless party.

North Carolina has no cap on the amount you can recover in a wrongful death claim. The size of any settlement or money judgment is determined by all the facts and circumstances of the individual case.

How is the size of a wrongful death settlement determined?

The amount of a wrongful death settlement or a jury verdict is based on how these factors apply to the injury and death of your loved one.`

• expenses for medical care, treatment, and hospitalization
• the pain and suffering experienced by the decedent
• funeral expenses
• the monetary value of the decedent to the person(s) entitled to receive the settlement proceeds
• including the lost net income of the person who died
• value of the lost services, protection, care, and assistance of the decedent, whether voluntary or obligatory to the person(s) entitled to receive the settlement proceeds.
• value of the loss of the decedent’s society, companionship, comfort, guidance, and advice to the person(s) entitled to receive the settlement proceeds
• punitive damages the decedent could have recovered for the injury if they survived, and for their death, if caused through malice or willful or wanton conduct.

How much time do you have to sue before it’s too late?

The statute of limitation for a wrongful death claim in North Carolina is two years from the person’s death. But the statute of limitation for a personal injury lawsuit is three years.

That means that if the victim dies more than 12 months after suffering the injury that ultimately causes their death, the statute of limitation for the personal injury could run out before the wrongful death statute does. If the time runs out for a personal injury suit before the time to sue for wrongful death, then you are barred from filing the death claim, even if it’s less than two years from the date of death.

Sound complicated? That’s why the Clauson Law Firm’s experience is so valuable as your North Carolina wrongful death attorney. Our team of skilled lawyers, investigators, paralegals, and support staff are experts dealing with these complicated issues and exercising their professional judgment to protect you from missing deadlines or assessing your own family’s claims.

How can Contributory Negligence interfere with winning compensation?

North Carolina follows the legal theory called “Contributory Negligence.” Large insurance companies often try to block a plaintiff’s claim.

Under the contributory negligence law, if the decedent was negligent in the least during the incident leading to their injury or death, then no compensation or recovery can be obtained by suit against the party primarily responsible for the victim’s injuries.

The Clauson Law Firm team knows how to confront such an argument and how to protect your case from being harmed by an unfair claim that your family member contributed negligence to their injury and death.

There is also an exception to the rule. If the primary wrongdoer had the “last clear chance” to prevent the event causing the victim’s injury, then the decedent’s negligence may not be used to defeat the wrongful death claim. As you can see, it takes a deep understanding of the applicable law to bring your claim through the array of defenses insurance company lawyers will use to avoid compensating those family members who lost their loved ones.