The journey through grief is deeply personal and profoundly challenging. In the wake of such a loss, when a loved one’s departure is sudden and unjust, the pain feels insurmountable.
North Carolina’s legal system acknowledges this immense hardship and extends a compassionate hand to those left behind. It offers a path for surviving family members to obtain closure through a wrongful death claim. While no dollar amount can replace the irreplaceable, it can provide a measure of justice and support in the face of untimely tragedy.
How can you prove a wrongful death claim?
Unfortunately, the burden of proof rests on you, the plaintiff. You must be able to demonstrate two critical elements to establish a wrongful death claim.
- Cause-in-fact: Provide evidence that the defendant’s actions or inactions directly led to the victim’s death. For example, a motorist causes a fatal vehicle accident.
- Proximate cause: Show that the death was a foreseeable consequence of the defendant’s negligence. For example, the above vehicle accident occurred due to drunk driving.
The evidence must illustrate that the defendant’s breach of duty was the actual and legal cause of death, warranting compensation for the bereaved family’s loss. This process underscores the importance of a thorough investigation and expert legal guidance to navigate the complexities of such claims.
Why Fight for Compensation?
A financial award cannot return your loved one but can offer critical economic security during a challenging and uncertain time. Recoverable damages include medical bills, lost income the deceased would have provided and even funeral expenses. Punitive damages may also be awarded to punish the defendant for especially egregious conduct.
A legal representative can help you learn more if you are struggling to decide whether to file a wrongful claim.
