Can You Sue for Pain and Suffering in a Wrongful Death Case?

In North Carolina, wrongful death claims allow you to recover specific damages when a person’s death is caused by the wrongful act, neglect, or default of another. A wrongful death attorney can help you with this process, including discovering everything that can be added to the claim, such as pain and suffering.

Can You Sue for Pain and Suffering in a North Carolina Wrongful Death Case?

In short, yes, but it’s important to understand that you’re suing for the pain and suffering of the person who died. The term “pain and suffering” is often used informally among the general public to refer to all non-economic damages in any personal injury claim, but “pain and suffering” is a specific concept. When the deceased’s family recovers compensation for wrongful death, they can claim non-economic losses such as loss of companionship, society and guidance, or emotional distress stemming from the death. These may somewhat overlap with broader concepts of pain and suffering, but technically the “pain and suffering” claim is from the deceased’s point of view.

What Else Can Be Recovered in a Wrongful Death Lawsuit?

Other recoverable damages in these cases typically include medical expenses related to the injury or illness that caused the death (if there were any), funeral and burial costs, and lost income or services from the decedent. There is generally no cap on pain and suffering damages in North Carolina wrongful death cases, unless the claim involves medical malpractice.

What’s the Time Limit for Bringing a Claim?

The statute of limitations for filing a wrongful death claim is typically two years from the date of death, with some very rare exceptions. Always assume there are only two years and talk to an attorney as soon as possible.

Who Can Bring a Claim?

Only the personal representative of the decedent’s estate, sometimes called an executor or administrator, can bring a wrongful death claim. Family members cannot bring a claim, though if there is no executor and the deceased doesn’t have an estate to enter probate, the family can petition the court to appoint a representative to bring the claim.

Who Can Benefit From the Claim? 

When the wrongful death claim is successful, the money goes to the decedent’s estate first and is used to reimburse the estate for the cost of pursuing the claim. Then, it may be used to pay attorney fees. Most of the rest is distributed to family according to the intestacy laws of North Carolina, except for compensation to the estate for funeral, burial, and reasonable final medical expenses. Money is distributed to spouses and children first. If there’s no spouse, the children split the award. If there’s no spouse or children, then grandchildren, parents, siblings, grandparents, and aunts and uncles may all get some of the claim, depending on the family circumstances.

Talk to a Wrongful Death Attorney

For help with a wrongful death claim, call David and Associates Injury Attorneys in Wilmington, Jacksonville, Supply, Whiteville, Wallace, or Clinton, NC today for help.

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