Average Wrongful Death Settlement in North Carolina [2024]

If you recently lost a loved one due to someone else’s negligence, you are probably wondering what is the average wrongful death settlement in North Carolina. The settlement amounts can vary widely, but you can improve the chances of receiving fair compensation for your family’s loss by finding an experienced wrongful death attorney who understands how to hold the at-fault party accountable for their actions.

Factors that Determine Average Wrongful Death Settlements in North Carolina

One of the top jobs for any wrongful death attorney in Burke, Catawba, or Caldwell County is to account for all the types of losses family members suffer when they lose a loved one due to someone else’s negligence. When calculating a settlement, your attorney may consider these and other factors.

• Economic losses: A wrongful death settlement can account for the financial support the deceased provided to their family. The settlement can consider the deceased’s income, potential future earnings, and benefits like pensions and health insurance.
• Medical expenses: Any medical costs incurred due to the injury or illness leading to death, including hospital stays, treatments, surgeries, and medications, are factored into the settlement. Many wrongful deaths occur after critical medical care is given to try to save the decedent’s life.
• Funeral and burial costs: The expenses related to the funeral and burial of the deceased are included in the settlement.
• Loss of companionship: The emotional and psychological impact on the surviving family members (including loss of companionship, guidance, and emotional support) can be considered when calculating wrongful death settlements.
• Pain and suffering of the deceased: If the deceased experienced pain and suffering before death, this can be factored into the settlement. The duration and severity of the pain experienced are important factors.
• Loss of services: The value of services the deceased provided to the household — such as childcare, household chores, and maintenance — can be taken into account. Surviving family members may have to pay someone to perform those services.
• Punitive damages: In cases where the death was caused by particularly egregious or reckless behavior, punitive damages may be awarded to punish the person in the wrong and deter them from similar conduct in the future.

Once these factors have been added to a settlement figure, your lawyer can negotiate with the other party on your behalf to ensure that your family receives fair compensation. If the at-fault party refuses to pay what they should, your personal injury attorney can consider the possibility of taking the matter to trial.

How a Wrongful Death Attorney Can Help You Receive Fair Compensation

If you recently suffered the loss of a loved one, you are likely dealing with multiple challenges. Beyond organizing a funeral and settling the deceased’s estate, you are probably worried about how you are going to pay for everything.

A wrongful death attorney can explore ways for you to be compensated for the loss of your loved one. Monetary compensation can come from an insurance policy or by directly suing the person responsible for your loved one’s death.

Litigation can be a complicated proposition, but it doesn’t have to be. With the right legal representation, you can focus on your personal affairs while your lawyer works to hold the at-fault party accountable. A win in civil court can provide a sense of justice even when the criminal courts are not involved.

FAQs

Does Any Death Qualify for a Wrongful Death Settlement?

For a death to qualify for a wrongful death lawsuit, the decedent’s death must have been caused in part or whole by someone else’s actions. The standard for finding someone guilty in civil court is a preponderance of evidence. This means that a plaintiff’s attorney must be able to show that it is more likely than not that the defendant’s actions caused the death.

How Much Does a Wrongful Death Attorney Cost?

Most wrongful death lawyers work on a contingency fee basis. They are not paid until you are paid, and their fee comes from any settlement you are paid. Early on, when working with an attorney, they will disclose their fee, which is a set percentage.

If you agree to the fee, your attorney will include the agreement in the attorney-client agreement. One benefit of this payment arrangement is that you will not have to worry about paying for legal expenses out of your pocket.

How Are Wrongful Death Settlements Calculated?

Wrongful death settlements in North Carolina include economic damages and medical expenses incurred for treating the injury or illness that led to death as well as funeral and burial costs. The settlement often considers lost earnings, which account for the income the deceased would have earned had they lived. Non-economic damages can include pain and suffering.

How Do You Split Up a Wrongful Death Settlement in North Carolina?

Wrongful death settlements can be split among multiple people when the lawsuit has several plaintiffs. Common plaintiffs include close relatives who were economically dependent on the decedent.

The wrongful death settlement will also be split in part with the attorney representing the plaintiffs. Personal injury lawyers are typically paid on a contingency basis, and the attorney payments are based on a pre-agreed settlement percentage.

When Is a Wrongful Death Settlement Higher?

The highest wrongful death settlements usually involve cases where the defendant conducts gross misconduct. Assault or drunken driving are two causes of a wrongful death that can result in punitive damages. The earning potential of the decedent is another factor that can result in a high wrongful death settlement.

One of the most important factors in the outcome of a wrongful death case is the ability of the plaintiff’s attorney to use the court system to maximize compensation for their clients.

Schedule Your Wrongful Death Settlement Consultation Today

A wrongful death is always an emotional ordeal that can leave loved ones distraught and grieving. During those difficult times, family members often have concerns about who will pay for funeral expenses and other costs associated with settling the decedent’s estate.

A fair settlement cannot undo the emotional harm caused by an untimely death, but it can lessen the burdens felt by surviving loved ones. The attorneys at the Law Office of Lyndon R. Helton, PLLC, have represented many clients who experienced the wrongful death of a loved one.

We can help your family recover compensation for your financial losses and pain and suffering. To schedule your consultation, contact our office today.