In most fatal car accidents, family members and loved ones of North Carolina victims often seek legal recourse with the help of legal professionals. They seek help to initiate a lawsuit against a negligent car driver, as well as their insurance company. In some cases, a civil lawsuit for wrongful death may also be initialed by the bereaved family members. North Carolina laws, however, provide that any such lawsuit has to be initiated no more than two years from the date of the fatal car accident.
Over the years we have observed, through the various fatal car accidents victims that we have represented, that the decision maker in a particular case – whether the judge or jury – will look into all of the various aspects of the accident. Additionally, the court will look at the victim to determine the extent of the damage.
In this direction, one of the most important factors that the courts look into is the medical costs that were actually incurred by the victim and his or her family for the treatment of injuries caused by the car accident. Compensation is also often awarded for the loss of a loved one and the pain and suffering incurred by the victim before his or her death due to the car accident.
Additionally, the victim’s potential earnings and the value attached to their life can often be looked into while determining the proper amount of compensation. In cases where the accident victim was the sole breadwinner of the family or where the negligent car driver had a prior history of road rage and reckless driving, the jury sometimes feels it is necessary to give additional compensation as a deterrent to other drivers on the road.