Death due to the negligence of another

Unfortunately, many North Carolina residents lose their lives as a result of negligence or intentional act on the part of another person. The at-fault person may be held financially responsible for the person's death even though no criminal charges are filed or if they, a conviction is not obtained. The reason is that the proof required in a civil case is less stringent than that in a criminal trial.

Motor vehicle accidents caused by a negligent driver can form the basis of civil lawsuits. In addition, medical malpractice, criminal behavior or worker exposure to hazards in the workplace might be reasons for a civil suit.

Certain elements are required to prevail in a wrongful death lawsuit. One is that the individual must be shown to be responsible by negligence or intent to harm and that it caused another individual's death. Monetary injury caused by the death must be shown to have impacted family members and a personal representative must have been appointed for the deceased person's estate.

Determination of loss may depend on various factors, including the age of the deceased, life expectancy and earning capacity. In some states, punitive damages may be awarded for malice or wanton or willful conduct. This may include damages for the pain and suffering experienced by the individual before death. These damages are determined on pain suffered, fear of death, duration and other factors.

The surviving family members who have lost a loved one through the negligent actions of another party may wish to consult an attorney. Although any compensation received through a wrongful death lawsuit will not ease their grief, it could help rectify some of the financial losses they have sustained.

No Comments

Leave a comment
Comment Information
[ Our Video Center ]
  • Million Dollar Advocates Forum
  • North Carolina Academy of Trail Lawyers

Get Your Free Consultation

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Email Us For a Response
David & Associates, Attorneys at Law, PLLC

1516 Dawson Street
(Corner of Dawson & 16th St.)
Wilmington, NC 28401

Toll Free: 800-724-0235
Fax: 910-251-8430
Wilmington Law Office Map

602 Beamon Street
Clinton, NC 28328

Toll Free: 800-724-0235
Map & Directions

620 Ocean Highway West
Supply, NC 28462

Toll Free: 800-724-0235
Map & Directions

323 Western Blvd.
Jacksonville, NC 28546

Toll Free: 800-724-0235
Jacksonville Law Office Map

4160 South NC Hwy 11
Wallace, NC 28466

Toll Free: 800-724-0235
Wallace Law Office Map

4146 Long Beach Road SE
Southport, NC 28461

Toll Free: 800-724-0235
Map & Directions

908 Pinckney Street
Whiteville, NC 28472

Toll Free: 800-724-0235
Map & Directions