Charlotte Wrongful Death Claims

A wrongful death claim seeks recovery for emotional and financial losses suffered by loved ones whose family members have been killed in Charlotte auto accidents. A wrongful death suit is different from other types of personal injury claims because the actual victim, also called the decedent, is not bringing suit. Rather, it is the representative of the victim's beneficiaries that files a claim. As such, a wrongful death claim is brought to recover damages for the injuries that the surviving family or estate have suffered due to the death of the victim.

To file a wrongful death suit in Charlotte, you must demonstrate all of the following:

• A person's death was caused by a wrongful or negligent act of the defendant.

• The act would have entitled the injured person to file an action to recover damages had the death not occurred.

• There are surviving beneficiaries, children, or dependents of the victim.

• Monetary damages have resulted from the decedent's death.

Damages in Charlotte wrongful death cases are intended to compensate for losses resulting from the death of a family member. Some losses are easily measured – a widow in a wrongful death suit, for example, may seek to recover the financial support that she would have received had her spouse not been killed in a Charlotte car accident. Other damages are more general in nature, however, and are therefore more difficult to calculate. Types of recoverable damages in Charlotte wrongful death suits include:

• Direct expenses, including medical bills and funeral costs.

• Loss of benefits the victim could have received from a pension or retirement plan if he or she had lived.

• Loss of future income the person would have earned in salary if he or she had lived.

• Loss of companionship the person who died would have emotionally provided to a family relationship.

• The mental pain and suffering experienced by loved ones as a result of the person’s death.

• Punitive damages to punish the defendant for the wrongful act that resulted in the victim’s death.

Calculating damages in Charlotte wrongful death cases is a complex process involving multiple factors. Some factors include (1) how dependent the plaintiff was on the decedent; (2) the nature of the relationship with the decedent; (3) the anticipated lifespan of the decedent, (4) the anticipated earnings and other benefits of the decedent, and (5) the presence of any comparative fault. Often, determining the appropriate amount of damages for a particular element can be difficult. If your loved one has been killed in a Charlotte auto accident that resulted from someone else's negligence, call the accident attorneys at Auger & Auger at 1-800-977-7396 to discuss your legal options.