March 11, 2025
It is challenging to calculate an average settlement for wrongful death cases in North Carolina because the amount awarded varies widely based on the unique facts of each case. Settlements can be reached through negotiations with insurance companies or determined by a jury verdict. Wrongful death settlements can range from hundreds of thousands to millions of dollars.
Income and Earning Potential: The deceased person's income and potential future earnings are primary factors in determining the settlement amount. Courts and insurance companies consider what the deceased would have likely earned over their lifetime, including potential raises and promotions, to estimate the financial impact on the family.
Severity of Negligence: The extent of negligence or wrongful conduct leading to death plays a significant role. Cases involving gross negligence or intentional misconduct often result in higher settlements.
Emotional Suffering: Compensation for the emotional suffering and loss of companionship of surviving family members is also considered.
Economic damages: Settlements include economic damages and medical expenses incurred for treating the injury or illness that led to death.
State-Specific Laws: North Carolina's Wrongful Death Act outlines the laws relating to wrongful death claims, including who can collect, what damages can be presented, and the two-year statute of limitations. North Carolina follows the law of pure contributory negligence. If the accident victim is even slightly at fault for causing their own accident or injuries, they have no right to compensation.
One study of 110 cases in North Carolina determined that the median settlement amount for a wrongful death suit was between $490,000 and $500,000. Jury verdicts in these cases ranged from $2,000,000 to $2,224,080.
If you need assistance with a wrongful death claim, you can contact Hall & Dixon at 725 E. Trade Street Suite 115 Charlotte, NC 28202, or call (704) 993-6825. They are available Monday through Friday from 9 a.m. to 5 p.m.
Read: What Happens If the Defendant Denies Liability in a Wrongful Death Case?
