March 10, 2025
In North Carolina, a wrongful death claim arises when a person dies due to another party's negligence, recklessness, or intentional misconduct. It allows the deceased's personal representative to seek compensation for losses suffered by the estate and surviving family members.
Yes, in North Carolina, you can potentially recover damages for emotional suffering in a wrongful death case. Emotional distress, also known as mental anguish or suffering, includes a range of psychological effects like anxiety, depression, trauma, and loss of enjoyment of life. These damages recognize the emotional toll the death takes on the family.
Non-economic damages are meant to compensate for the emotional distress suffered by surviving family members due to the wrongful death.
Loss of Companionship: Compensation for the loss of affection and guidance.
Loss of Consortium: Spouses may claim damages for the loss of emotional support, companionship, and intimacy that the deceased would have provided.
Grief and Sorrow: Compensation for the emotional pain, distress, and sadness caused by the loss of a loved one.
Mental Anguish: Compensation may be available for mental anguish.
Proving emotional distress can be challenging because it is subjective and lacks clear, objective evidence. To demonstrate the extent of emotional suffering and its impact on their lives, claimants may provide:
Testimony from surviving family members.
Medical records showing treatment for anxiety, depression, or other mental health conditions.
Statements from friends, family members, or therapists who can attest to the emotional suffering experienced by the claimant.
In North Carolina, the statute of limitations for filing a wrongful death claim is two years from the date of death. Missing this deadline means losing the right to recovery.
If you need assistance with a wrongful death claim, contact Hall & Dixon for legal solutions.
Read: How Are Wrongful Death Settlements Distributed Among Heirs in NC?
