What Evidence Do I Need for a Wrongful Death Claim in North Carolina?

Filing a wrongful death claim can be complicated, and insurance companies use the complications in these cases to pay victims’ families as little as possible. There are four main things families need to prove in a wrongful death case.

RELATED: How Wrongful Death Lawsuits Work in North Carolina

1. Proving Duty of Care

First, you must establish that the person who took your loved one’s life owed them a “duty of care.” This means they were in a situation where they needed to be accountable for others’ wellbeing.

For example, whenever you get behind the wheel, you owe other drivers and pedestrians a duty of care and are agreeing to keep others safe on the road. So, if a drunk driver was responsible for your loved one’s death, they had a duty of care to other drivers when they chose to get behind the wheel — which is provable by simply documenting that they were driving during the accident.

2. Proving the Breach of Duty of Care

The next piece of evidence you will need is to prove that the other driver “breached the duty of care” by acting in a way that knowingly put others’ lives at risk. If they were speeding, driving under the influence, driving distracted, or simply not paying attention, these could all be considered breaching the duty of care.

In our example, deciding to drive drunk breaches the duty of care. Cellphone records, DUI reports, and eyewitness accounts are all helpful evidence to support your case. An experienced Charlotte wrongful death lawyer can help collect and present this evidence as they build your case.

3. Proving Causation

In a successful wrongful death case, you must prove that the other driver’s thoughtless actions directly caused the wrongful death. This may seem like a straightforward step in the process, but the negligent driver’s insurance company might try to claim that faulty airbags, not wearing a seatbelt, or some other mechanical issue was “really” responsible for your loved one’s death in an attempt to evade justice and protect themselves.

Every wrongful death case is different, so no matter how clear your situation seems, you should speak with a lawyer who can prove that the defendant’s actions caused your loved one’s death.

4. Proving Damages

One of the most challenging aspects of a successful wrongful death case is proving how you and your family are suffering after the loss of your loved one. At Myers Law Firm, we understand that personal relationships are priceless and putting a dollar amount on a family member’s love might feel strange. However, we’re committed to helping victims understand what they need to get justice — including calculating financial and emotional losses, such as:

• The cost of all medical care
• Funeral and burial costs
• Lost wages over a lifetime
• Pain and suffering your loved one experienced before they passed
• Lost protection, services, and care of the person who passed away
• Companionship and relationship with the deceased person

Rightful compensation is unique to each case. If you’re wondering about your options, please contact a skilled Charlotte wrongful death lawyer today.