Essential Evidence to Prove a Wrongful Death Case in North Carolina
In North Carolina, a wrongful death claim arises when a person dies due to another party's negligence or wrongful act. To succeed in such a case, the plaintiff must establish key elements and gather substantial evidence.
Key Elements of a Wrongful Death Claim
- Duty of Care: The plaintiff must demonstrate that the defendant owed a duty of care to the deceased. This means the defendant had a legal obligation to act in a reasonably safe manner to avoid causing harm. Examples include drivers, doctors, property owners, manufacturers, and employers, all having a duty to protect others from harm.
- Breach of Duty: The plaintiff must prove that the defendant breached their duty of care. This occurs when the defendant fails to act as a reasonably prudent person would under similar circumstances. Examples include speeding, driving under the influence, or failing to repair a dangerous condition on a property.
- Causation: The plaintiff must establish that the defendant's breach of duty directly caused the death of their loved one. It must be shown that the death would not have occurred if not for the defendant's actions or inaction.
- Damages: The plaintiff must show that the death resulted in quantifiable damages to the survivors, including medical expenses, funeral costs, lost income, and emotional suffering.
Essential Evidence to Gather
- Accident Reports: Police reports, incident reports, or accident reconstructions can provide critical information about how the death occurred and who was at fault.
- Medical Records: Medical records and autopsy reports can establish the cause of death and link it to the defendant's actions.
- Witness Testimony: Statements from witnesses who saw the events leading to the death can corroborate the claims.
- Expert Testimony: Expert witnesses, such as medical professionals or accident reconstructionists, may be needed to explain complex issues and strengthen the case.
- Photographs and Video Evidence: Visual evidence from the scene, like photos or surveillance footage, can demonstrate how the defendant's actions led to the death.
North Carolina follows the doctrine of contributory negligence, so if the deceased contributed to their death, it could bar the recovery of damages. The statute of limitations for wrongful death claims in North Carolina is two years from the date of death.
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: How Future Earnings of the Deceased Are Calculated in Wrongful Death Claims
