Personal Injury Damages FAQs

How Are Wrongful Death Damages Determined?
In North Carolina, a wrongful death claim can be filed when a person dies due to the actions of another under circumstances that would have allowed for a personal injury claim if they had survived. The claim must be brought by the Executor, Administrator, or Collector of the deceased person’s estate. However, the beneficiaries who actually receive the damages are the individuals who would inherit from the deceased person if there was no will.

Under the North Carolina Wrongful Death Statute, recoverable damages may include:

• Medical expenses related to the injury and hospitalization before death.
• Compensation for the decedent’s pain and suffering.
• Reasonable funeral expenses.
• The present monetary value of the deceased to the beneficiaries, including lost income, services, care, companionship, and guidance.
• Punitive damages, if applicable, for willful or grossly negligent conduct.

There is no strict formula for calculating the monetary value of the deceased’s life. Factors such as the age of the deceased, the ages of the beneficiaries, and the relationships between them are all considered. Given the complexities of wrongful death damages, it is critical to consult with an attorney before settling any claims to ensure all possible damages are accounted for.

What Kind of Damages Are Available if I Am Injured?
In North Carolina, personal injury damages are intended to compensate for any past, present, or future injury caused by another person’s actions. These damages typically include:

• Medical expenses.
• Lost earnings.
• Pain and suffering.
• Scars or disfigurement.
• Loss of use of a body part.
• Permanent injury.

Additional damages may include:

• Punitive damages (in cases of willful or egregious conduct).
• Loss of consortium (compensation for a spouse due to the impact on the marital relationship).

Each personal injury case is unique, and the amount and types of damages awarded depend heavily on the facts of the case. Settling a claim without consulting an attorney who can carefully assess your potential damages is not recommended.

Types of Personal Injury Damages:

Pain and Suffering
Damages for pain and suffering compensate for both the physical pain and emotional distress caused by the injury. In North Carolina, there is no set formula for these damages. The jury applies its judgment to determine a fair amount based on the evidence. In certain extreme cases, damages may be awarded for emotional distress alone, even without physical injury.

Medical Expenses
Medical expenses cover the costs incurred for the treatment of the injury, including:

• Hospital bills.
• Doctor visits.
• Prescription drugs.
• Physical therapy.
• Medical equipment.

Loss of Earnings
If your injury causes you to miss work, you may be entitled to compensation for lost wages. This includes past, present, and future lost earnings. Even if you were not working at the time of the injury, damages may still be awarded for the loss of earning capacity. In some cases, business losses may also be considered.

Scars or Disfigurement
Permanent scarring or disfigurement from an injury may warrant additional compensation as part of your damages.

Loss of Use of a Body Part
In cases where the injury results in the loss or diminished use of a body part (such as an arm or leg), either temporarily or permanently, compensation may be awarded.

Permanent Injury
If an injury has lifelong effects, damages can be awarded to cover those long-term consequences based on the injured person’s life expectancy.

Loss of Consortium
Serious injuries can affect the relationship between spouses. Loss of consortium refers to the damages awarded to compensate for the disruption of the marital relationship, including loss of companionship, affection, and sexual relations.

Punitive Damages
Punitive damages are awarded in cases where the defendant’s conduct was particularly egregious, such as fraud, malice, or willful misconduct. North Carolina limits punitive damages to either three times the amount of compensatory damages or $250,000, whichever is greater. However, this limit does not apply to punitive damages in cases where the defendant was driving under the influence.

Seek Legal Guidance for Your Personal Injury Case

The laws and evidence surrounding personal injury damages can be complicated. At Ferikes Bleynat & Cannon, we can help you assess the full range of damages you may be entitled to and ensure that your claim is supported by the strongest possible evidence. Contact us today to learn more about your options.