This form is a general sample wrongful death complaint requiring the user to supply facts giving rise to the complaint.
North Carolina Complaint regarding Wrongful Death
State:
Multi-State
Control #:
US-PI-0306
Format:
Word;
Rich Text
Instant download
Description
Free preview
How to fill out Complaint Regarding Wrongful Death?
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FAQ
North Carolina's philosophy is that a wrongful death claim exists when the death of a person is caused by a wrongful act, neglect, or fault of another, and if the injured person had lived, they would have had the right to sue for personal injury.
It can be challenging to calculate an 'average' wrongful death settlement when so many factors are at play. However, a study involving 110 cases in North Carolina determined that the median settlement amount for a wrongful death suit was between $490,000 and $500,000.
You do not have to prove wrongful death beyond a reasonable doubt. Instead, you must prove it is at least 51 percent likely the death was wrongful; this burden of proof is called the ?preponderance of the evidence.?
There are many defenses you can use in a wrongful death suit such as: The statute of limitations has run and the claim is time barred. You did not have a duty of care towards the deceased. You acted in self-defense. You were not negligent in your actions and did everything a reasonable person would have done.
Wrongful death settlements consider the deceased person's loved ones and their needs due to the unexpected loss of companionship and support. While settlements may range anywhere from $500,000 to several million dollars, these amounts are just examples.
If you have a loved one who passed away as a result of an injury or accident that involved the misconduct or negligence of a company or individual, you may be able to file a wrongful death lawsuit against those who were responsible for your loved one's death.
Types of wrongful death accidents include: Motor vehicle accidents: A driver may have been intoxicated, texting, speeding, or engaging in other reckless behavior that caused a fatal car accident.
