If you have recently lost a loved one to someone else’s negligence, you may wonder who gets the money in a wrongful death lawsuit. The answer is that while the recipients are typically the closest family members, such as the spouse and children, in North Carolina, the law governs the distribution of any wrongful death compensation, even if the person dies with a will or estate plan in place.
Who gets money from a wrongful death lawsuit will depend on who the surviving family members are and the compensation awarded. Typically, wrongful death claim proceeds are dispersed in the following order:
- Surviving spouse,
- Children of the decedent,
- The decedent’s grandchild or grandchildren,
- Any surviving parent or parents, and
- The decedent’s sibling or siblings.
Specifically, the surviving spouse and children split the wrongful death compensation. However, if no surviving spouse exists, the damages will be divided among the decedent’s children or grandchildren. If none of those exist, the damages will pass to other family members, such as:
- Surviving parents,
- Surviving grandparents,
- SIbligings, and
- Uncles and aunts.
Every case is truly unique, and not all family members, even ones that might typically be entitled to damages, will be entitled to compensation in a wrongful death claim. Notably, the monetary amount each person is entitled to will depend on who the beneficiaries are.
For instance, it is crucial that anticipated lost wages go to the surviving spouse and minor children. Needless to say, determining who gets the money from a wrongful death lawsuit can quickly become complicated.
Who Can File a Wrongful Death Lawsuit in North Carolina?
To potentially receive money in a wrongful death suit, you must be eligible to bring the suit in the first place. In North Carolina, typically, only the decedent’s personal representative, often identified in their will, qualifies to initiate a wrongful death claim. If the decedent does not have a will or did not elect a personal representative, a person can apply for the role, or the court will appoint one.
Once there is a personal representative, they can seek various types of damages on behalf of the beneficiaries. An experienced wrongful death lawyer can help you handle your loved one’s affairs and ensure you get the compensation you are entitled to.
What Types of Damages Can Surviving Family Members Recover in a Settlement for Wrongful Death?
The surviving family members will typically be entitled to the same damages in a wrongful death case as the deceased individual would have been entitled to in a personal injury claim. However, in a wrongful death settlement or award, the surviving family may be entitled to additional or unique damages to wrongful death claims.
The types of damages generally fall into two categories: economic and non-economic.
Economic damages
Economic damages compensate the surviving family member for the financial loss suffered due to losing your loved one. These damages are straightforward to calculate based on receipts, records, bills, and invoices.
Two primary examples of economic losses are medical expenses and lost wages:
- Medical expenses—any medical bills or out-of-pocket costs incurred by your loved one from the time of the accident until the day they died, including emergency room bills, surgery, hospitalizations, etc); and
- Lost wages—family members are entitled to any lost wages from the time of their loved one’s injury until their death.
Even more important is that the decedent’s lost wages are their anticipated lost earnings. Anticipated lost income and earnings are especially significant when the decedent was their family’s financial provider.
Calculating anticipated future lost earnings is challenging, and no one-size-fits-all formula exists. What someone anticipates earning over their lifetime can be ever-evolving, and what they earn at age 25 will likely be significantly different than what they would reasonably expect to earn at 55. The predicted lost earnings of your loved one are based on several factors, including:
- The age of the decedent at the time of their death,
- If the decedent had any prior health conditions before their death,
- How many more working years they would have likely had if they had survived,
- The financial needs of their spouse or minor children, and
- The decedent’s overall earning capacity.
The insurance company, jury, or judge will look to these factors and possibly more to decide. Your attorney will assist you with gathering the necessary evidence to provide lost future earnings.
Noneconomic Damages
Noneconomic damages compensate a surviving family for their intangible losses as a result of their loved ones’ death, including the emotional turmoil they have to endure. These damages are more challenging to determine because they are unique to the individual. For instance, your pain and suffering may differ substantially from someone else, even under similar circumstances.
Noneconomic damages can include:
- Pain and suffering,
- Mental anguish,
- Emotional distress, and
- Loss of companionship and parental guidance.
Noneconomic damages are often heavily negotiated between the plaintiff, defendant, and insurance companies. Having a strong and aggressive advocate negotiating on your behalf is vital.
Other Wrongful Death Financial Losses
In a wrongful death case, you may be able to seek certain damages in addition to the typical economic and noneconomic compensation.
Other financial losses unique to these wrongful death claims include:
- End-of-life expenses,
- Funeral and burial costs,
- Lost anticipated inheritance,
- Lost value of household services, and
- Lost value of childcare.
A seasoned wrongful death attorney will ensure you get the money you are entitled to receive.
North Carolina Wrongful Death Lawyers
If you still have questions about who will get the money in a wrongful death lawsuit because of the loss of a loved one, contact our knowledgeable team of attorneys.
At Mehta & McConnell, PLLC, our team has over 30 years of combined experience helping family members of accident victims seek the justice and compensation they deserve. Schedule a free consultation today.