What Is The Loss Of Companionship In North Carolina?

Key Highlights:

• Understanding what is the loss of companionship in North Carolina is important. It’s a non-financial claim relating to the loss of companionship cover the daily presence of a loved one, their providing care and emotional support, and providing comfort in relation to a catastrophic or fatal accident.
• Economic damages will cover tangible lost wages and bills, while relationship damages cover personal loss to all family members impacted by a catastrophic or fatal accident.
• NC Laws differentiate between loss of companionship, which is available to parents, children, and spouses under wrongful death statutes, and loss of consortium claim NC, which is only available to married spouses.
• Since emotional loss does not come with receipts, insurance companies try to undermine the value of these claims. The success of these claims is dependent on developing a compelling narrative through families’ evidence, expert testimony, and knowledgeable legal advice.

The anguish that accompanies the death of a beloved relative or spouse due to an unforeseen tragedy can fracture an entire family unit; in addition to the immediate financial burden of medical expenses and loss of wages, families are forced to endure an enormous emotional void.

The wrongful death lawyers at Tatum & Atkinson Law Firm understand that the bonds between family members cannot be replaced. The state of North Carolina acknowledges this and provides individuals who have lost a family member or who have suffered serious injury to hold those responsible accountable. Understanding what is the loss of companionship in North Carolina is the first step towards protecting your family’s future and securing the justice your loved one deserves.

If you are dealing with the consequences of a catastrophic accident, don’t go through this terrible situation by yourself; contact us now at (800) 529-0804 to schedule a free consultation.

What is the Loss of Companionship in North Carolina?

When a person is killed in an accident or suffers a catastrophic injury, the legal system classifies damages into different groups to compensate families properly. To establish what is the loss of companionship in North Carolina, we need to examine how North Carolina courts consider the significant effect on an individual’s family environment when that individual is taken from the family.

The Difference Between Economic Damages and Relationship-Based Damages

When establishing a personal injury or wrongful death lawsuit, damages generally fall into two classes: economic damages or relationship-based non-economic ones. 

• Economic Damages: These damages include things like medical expenses, such as hospitalization, treatment, and medication, burial expenses, and loss of future income that the deceased person would have contributed to the family. 
• Relationship-Based (Non-Economic) Damages: These are the intangible and subjective losses (the love of your family member) that occur to a family and are the basis for the loss of companionship claim NC.

How North Carolina Wrongful Death Law Addresses Family-Centered Losses

According to North Carolina General Statutes § 28A-18-2, the law of North Carolina establishes that North Carolina wrongful death damages are to account for more than just financial balance sheets. This statute allows a personal representative of an estate to recover damages for the “present monetary value” of the deceased to their surviving family members.

The statute specifically recognizes the right of surviving family members to seek wrongful death compensation North Carolina for the loss of society, companionship, comfort, guidance, and advice, among other things. Therefore, this law ensures that the civil justice system treats a human life as more than merely a source of income, affirmatively recognizing the strong emotional ties among the members of a family unit.

The Distinction Between Loss of Companionship and Loss of Consortium

Although these phrases are commonly used interchangeably, they are defined distinctly in terms of non-economic damages North Carolina.

• Loss of Companionship: It’s a type of non-monetary legal action that seeks justice for broken emotional bonds (loss of presence, emotional support, or caregiving support) within the family because of the death of a loved one or if they have been severely injured in a catastrophic accident.
• Loss of Consortium: A loss of consortium claim NC is an action against a negligent third party who injured your spouse. The purpose of the claim is to address the disruption that has been caused to the marital relationship as a result of the spouse’s injury and/or wrongful death. A loss of consortium claim is considered a derivative claim. This means that it must be filed at the same time as a primary personal injury or wrongful death lawsuit.

The Effect on Daily Life and Family Dynamics

The definition of loss of companionship damages under the law reflects the real-life long-term emotional and practical repercussions of the loss of a loved one. When someone else’s negligence causes an individual to suffer an injury or die, the daily lives of the surviving members are instantly altered.

The Impact of Losing a Spouse, Parent, or Child on Daily Life

The true impact of an emotional loss wrongful death claim is felt in the small, everyday moments.

• Losing a Spouse: When you lose a spouse, you are left without your primary source of emotional support, your co-parent, and your life partner. The surviving spouse compensation NC addresses the overwhelming feelings caused by the loss of shared lifetime dreams, the feeling of loneliness, and the tremendous burden of managing the home and family alone.
• Losing a Parent: Children are missing the foundation of their upbringing. The loss of guidance and support claim addresses the fact that they will be raised without the benefit of a parent’s knowledge, support for their education, protection, and nurturing.
• Losing a Child: Losing a child is a tragic event that destroys the order of life and takes away the experience of watching one’s child grow and reach milestones and the comfort that they will provide to their parents in their later years.

How Courts Evaluate the Loss of Guidance, Care, Companionship, and Emotional Support

As you cannot print a receipt for emotional support, the court needs to evaluate how strong your family relationships were before the accident. The following will help the judge or jury determine fair family relationship damages lawsuit values:

• Where the family lives and how close they are to each other
• How often do they see each other in person, participate in activities together, and communicate daily
• How much they contributed to your well-being by providing advice or support
• Witness testimony (including extended family, friends, and neighbors) about their strong bond with each other.

Proving Your Family Relationship Damages Lawsuit in NC Court 

Calculating the value of non-economic damages presents one of the most challenging obstacles in pursuing wrongful death lawsuit damages. Many times, insurance defense attorneys try to downplay a claim, as there is no measurable formula for calculating the value of a broken emotional bond. 

At Tatum & Atkinson Law Firm, our experienced personal injury attorneys work closely with North Carolina financial analysts, grief counselors, and family members to create a complete story of your loved one’s life and how their death has changed your family. 

Our wrongful death lawyers gather and review vital evidence such as family photographs, videos, text messages, journals, or counseling documentation to demonstrate how the life of the surviving spouse or family changed after the tragedy. We have an ongoing commitment to ensuring that the insurance companies respect the full extent of your family relationship damages lawsuit. 

Speak with a Compassionate North Carolina Attorney Today

Experiencing the loss of a family member can be an immensely difficult time, especially when dealing with complicated legal claims. The team at Tatum & Atkinson Law Firm understands this pain, and our professional legal team is ready to help you carry your burden while you focus on recovery.  

You will not be responsible for any legal expenses through Tatum & Atkinson Law Firm until we recover funds on your behalf.  

If you have experienced the loss of a loved one and are trying to understand what is the loss of companionship in North Carolina and how to protect your family’s future from this type of tragedy, please contact our office today. 

Call us at (800) 529-0804 to receive a free consultation from our experienced lawyers. 

Frequently Asked Questions!

Is loss of companionship the same thing as grief or emotional suffering?

Although grief is the emotional pain caused by one’s death, loss of companionship in NC refers to the relationship lost and the resultant legal claim for the deprivation of the positive daily benefits experienced from the deceased loved one’s presence in the family (i.e., the deceased was a source of comfort, advice, protection, and companionship).

Can children recover damages for the loss of parental guidance?

The loss of guidance and support is a way for North Carolina courts to measure an intangible lifelong effect on the child that must now navigate adulthood without a parent providing moral guidance, education, or safe and consistent daily support. 

How do families prove loss of companionship in a legal claim?

To be compensated for loss of companionship North Carolina, the claimant must convert their memories into tangible evidence to be used in court. Our legal team accomplishes this by collecting things like family photographs, years of text messages, and highly personal testimony from people who knew the family and their daily lives. 

Does loss of companionship only apply to spouses?

No. In North Carolina, loss of consortium claim NC is strictly for legally married couples; however, under the wrongful death statute loss of companionship damages awards can be obtained by children, parents, and other beneficiaries of the decedent’s estate.

How is a monetary value placed on the loss of a relationship?

Non-economic damages North Carolina are based upon the following criteria: the victim’s age, expected longevity, household habits and overall emotional depth between the victim and their relationship with spouse or family members. 

About the Author

Robert Tatum

Robert Tatum is the founding attorney at Tatum & Atkinson. He is licensed to practice in all North Carolina state and federal courts and before the U.S. Supreme Court. He earned his J.D. from the University of North Carolina School of Law in 2002 and his B.S. from the University of Virginia in 1999. His practice focuses on personal injury law. Connect with him on LinkedIn.