What Are the Odds of Winning a Wrongful Death Lawsuit in North Carolina?

Losing a loved one due to the negligent, reckless, or illegal actions of another party is an unthinkable tragedy that can change the course of multiple lives instantly. It can be difficult to focus on legal processes during such a time. One nagging question in the back of many grieving minds, however, is one that can be answered by a one-on-one discussion with a wrongful death attorney: “What are the odds of winning a wrongful death lawsuit in North Carolina?”

Calculating the Odds of Victory in a North Carolina Wrongful Death Claim: Is It Possible and Does It Matter?

The short answer to the question is that there is no answer. This is because the question “What are the odds of winning a wrongful death lawsuit in North Carolina?” is, at its core, fundamentally flawed. There are three main reasons for saying this:

1. We don’t actually know the so-called “odds” because many cases are resolved without the need for a full trial, and the details of such settlements and negotiations are not typically made public. In fact, some legal agreements contain strict nondisclosure provisions that explicitly bar the parties from disclosing any pertinent details of a settlement.
2. Knowing the odds of winning a North Carolina wrongful death case would not really be useful in the first place, since each case is informed by its unique circumstances and evidence, not by odds calculated by the outcomes of previous cases.
3. The use of the term “winning” in the question actually makes it highly subjective. Every wrongful death case is unique, and so is every individual person, which means that a plaintiff’s concept of “winning” a North Carolina wrongful death claim may vary greatly from case to case.For example, some families may seek a fair settlement and end the case as expeditiously as possible, so they can move on and heal without the legal process looming over them. Others may seek accountability rather than a quick settlement and may even push for a full trial despite the additional time and expense it typically entails.The “odds of winning” (were they calculable at all) would be wildly different depending on whether you define “winning” as an actual court verdict against the defendant, as an out-of-court settlement that all parties can agree to, or both.

If you find yourself thinking in incorrect terms like “the odds of winning a wrongful death lawsuit,” it’s also important to remember that not all cases are created equal. A Campbell Law Review study of outcomes in North Carolina wrongful death cases revealed some illuminating trends and statistics:

• Jury verdicts are rarer (around 13% of the 100+ cases studied) but, on average, more lucrative than out-of-court settlements in North Carolina. You must also consider the additional costs, both emotional and financial, of bringing such a case to trial if other resolutions are possible.
• Awards recovered were, on average, highest for single decedents, followed by minors, then those who had been married at the time of death, with average awards recovered for widowed and divorced decedents being significantly lower.
• It seems your reputation can outlive you in North Carolina, despite our system’s promises of equal treatment for everyone. In 6 identified cases where the decedent was known to have “doubtful character” or engage in “unsavory conduct,” average award recovery amounts were significantly lower.This led the study to conclude that “there is … evidence that the perceived character of the deceased affects the amount recovered,” and it also highlights the need for talented legal representation in complex cases.
• Nearly half of the cases studied stemmed from medical malpractice incidents, but these incidents also had the lowest average award amounts among the four categories (motor vehicle accidents, other negligence, and intentional torts being the other 3).

FAQs

What Is the Average Settlement for a Wrongful Death in North Carolina?

The average settlement for a wrongful death in North Carolina is not known, and would not be a particularly useful number if it were, since every case is the product of its own unique details. Studies such as Campbell Law Review’s 2016 offering can offer some idea of average awards, but it’s important to remember that this is only looking at around 100 individual, widely varying cases–arguably not enough to calculate a meaningful average.

Are Wrongful Death Cases Hard to Win?

Wrongful death cases are hard to win if you lack an understanding of the law, don’t have valid evidence to support your claim, or fail to find an attorney who meets your needs. Working with a talented and reputable wrongful death attorney at The Law Office of William T. Corbett, Jr., PLLC is a great way to help avoid those potential pitfalls.

What Is the Success Rate of Wrongful Death Claims?

The success rate of wrongful death claims is not known or useful. We’ve already discussed the futility of calculating “the odds” in this blog, and changing the wording to “success rate” doesn’t change the underlying facts. We must once again emphasize that the greatest way to understand your own chances of success, or to figure out what results are most likely in your own case, is to speak with a knowledgeable attorney about your specific circumstances.

Who Gets the Money in a Wrongful Death Claim in North Carolina?

The decedent’s estate gets the money in a wrongful death claim in North Carolina (assuming the claim is successful). From there, any legal fees or other necessities are taken out, and the remainder can then be distributed to the decedent’s beneficiaries (for example, their children, surviving spouse, or charitable projects) or otherwise distributed according to the decedent’s will or estate plan.

Need Help With a North Carolina Wrongful Death Claim? The Law Office of William T. Corbett, Jr., PLLC Is on Your Side

If you have lost a loved one due to someone else’s negligence in North Carolina, legal assistance is available. The Law Office of William T. Corbett, Jr., PLLC can give you access to a talented and successful wrongful death attorney who knows how to put North Carolina law to work for you and your family. Contact us today for a free, no-strings-attached consultation session.