§ 28A‑18‑2. Deathby wrongful act of another; recovery not assets.
(a) When the death of aperson is caused by a wrongful act, neglect or default of another, such aswould, if the injured person had lived, have entitled him to an action fordamages therefor, the person or corporation that would have been so liable, andhis or their personal representatives or collectors, shall be liable to anaction for damages, to be brought by the personal representative or collectorof the decedent; and this notwithstanding the death, and although the wrongfulact, neglect or default, causing the death, amounts in law to a felony. Thepersonal representative or collector of the decedent who pursues an actionunder this section may pay from the assets of the estate the reasonable andnecessary expenses, not including attorneys' fees, incurred in pursuing theaction. At the termination of the action, any amount recovered shall be appliedfirst to the reimbursement of the estate for the expenses incurred in pursuingthe action, then to the payment of attorneys' fees, and shall then bedistributed as provided in this section. The amount recovered in such action isnot liable to be applied as assets, in the payment of debts or legacies, exceptas to burial expenses of the deceased, and reasonable hospital and medicalexpenses not exceeding four thousand five hundred dollars ($4,500) incident tothe injury resulting in death, except that the amount applied for hospital andmedical expenses shall not exceed fifty percent (50%) of the amount of damagesrecovered after deducting attorneys' fees, but shall be disposed of as providedin the Intestate Succession Act. The limitations on recovery for hospital andmedical expenses under this subsection do not apply to subrogation rights exercisedpursuant to G.S. 135‑40.13A. All claims filed for such services shall beapproved by the clerk of the superior court and any party adversely affected byany decision of said clerk as to said claim may appeal to the superior court interm time.
(b) Damages recoverablefor death by wrongful act include:
(1) Expenses for care,treatment and hospitalization incident to the injury resulting in death;
(2) Compensation forpain and suffering of the decedent;
(3) The reasonablefuneral expenses of the decedent;
(4) The present monetaryvalue of the decedent to the persons entitled to receive the damages recovered,including but not limited to compensation for the loss of the reasonablyexpected;
a. Net income of thedecedent,
b. Services,protection, care and assistance of the decedent, whether voluntary orobligatory, to the persons entitled to the damages recovered,
c. Society,companionship, comfort, guidance, kindly offices and advice of the decedent tothe persons entitled to the damages recovered;
(5) Such punitivedamages as the decedent could have recovered pursuant to Chapter 1D of theGeneral Statutes had he survived, and punitive damages for wrongfully causingthe death of the decedent through malice or willful or wanton conduct, asdefined in G.S. 1D‑5;
(6) Nominal damages whenthe jury so finds.
(c) All evidence whichreasonably tends to establish any of the elements of damages included insubsection (b), or otherwise reasonably tends to establish the present monetaryvalue of the decedent to the persons entitled to receive the damages recovered,is admissible in an action for damages for death by wrongful act.
(d) In all actionsbrought under this section the dying declarations of the deceased shall beadmissible as provided for in G.S. 8‑51.1. (R.C., c. 1, s. 10; c. 46,ss. 8, 9; 1868‑9, c. 113, ss. 70‑72, 115; Code, ss. 1498‑1500;Rev., ss. 59, 60; 1919, c. 29; C.S., ss. 160, 161; 1933, c. 113; 1951, c. 246,s. 1; 1959, c. 879, s. 9; c. 1136; 1969, c. 215; 1973, c. 464, s. 2; c. 1329,s. 3; 1981, c. 468; 1985, c. 625; 1993, c. 299, s. 1; 1995, c. 514, s. 2; 1997‑456,s. 7; 2006‑264, s. 66(b).)
§ 28A‑18‑2. Deathby wrongful act of another; recovery not assets.
(a) When the death of aperson is caused by a wrongful act, neglect or default of another, such aswould, if the injured person had lived, have entitled him to an action fordamages therefor, the person or corporation that would have been so liable, andhis or their personal representatives or collectors, shall be liable to anaction for damages, to be brought by the personal representative or collectorof the decedent; and this notwithstanding the death, and although the wrongfulact, neglect or default, causing the death, amounts in law to a felony. Thepersonal representative or collector of the decedent who pursues an actionunder this section may pay from the assets of the estate the reasonable andnecessary expenses, not including attorneys' fees, incurred in pursuing theaction. At the termination of the action, any amount recovered shall be appliedfirst to the reimbursement of the estate for the expenses incurred in pursuingthe action, then to the payment of attorneys' fees, and shall then bedistributed as provided in this section. The amount recovered in such action isnot liable to be applied as assets, in the payment of debts or legacies, exceptas to burial expenses of the deceased, and reasonable hospital and medicalexpenses not exceeding four thousand five hundred dollars ($4,500) incident tothe injury resulting in death, except that the amount applied for hospital andmedical expenses shall not exceed fifty percent (50%) of the amount of damagesrecovered after deducting attorneys' fees, but shall be disposed of as providedin the Intestate Succession Act. The limitations on recovery for hospital andmedical expenses under this subsection do not apply to subrogation rights exercisedpursuant to G.S. 135‑40.13A. All claims filed for such services shall beapproved by the clerk of the superior court and any party adversely affected byany decision of said clerk as to said claim may appeal to the superior court interm time.
(b) Damages recoverablefor death by wrongful act include:
(1) Expenses for care,treatment and hospitalization incident to the injury resulting in death;
(2) Compensation forpain and suffering of the decedent;
(3) The reasonablefuneral expenses of the decedent;
(4) The present monetaryvalue of the decedent to the persons entitled to receive the damages recovered,including but not limited to compensation for the loss of the reasonablyexpected;
a. Net income of thedecedent,
b. Services,protection, care and assistance of the decedent, whether voluntary orobligatory, to the persons entitled to the damages recovered,
c. Society,companionship, comfort, guidance, kindly offices and advice of the decedent tothe persons entitled to the damages recovered;
(5) Such punitivedamages as the decedent could have recovered pursuant to Chapter 1D of theGeneral Statutes had he survived, and punitive damages for wrongfully causingthe death of the decedent through malice or willful or wanton conduct, asdefined in G.S. 1D‑5;
(6) Nominal damages whenthe jury so finds.
(c) All evidence whichreasonably tends to establish any of the elements of damages included insubsection (b), or otherwise reasonably tends to establish the present monetaryvalue of the decedent to the persons entitled to receive the damages recovered,is admissible in an action for damages for death by wrongful act.
(d) In all actionsbrought under this section the dying declarations of the deceased shall beadmissible as provided for in G.S. 8‑51.1. (R.C., c. 1, s. 10; c. 46,ss. 8, 9; 1868‑9, c. 113, ss. 70‑72, 115; Code, ss. 1498‑1500;Rev., ss. 59, 60; 1919, c. 29; C.S., ss. 160, 161; 1933, c. 113; 1951, c. 246,s. 1; 1959, c. 879, s. 9; c. 1136; 1969, c. 215; 1973, c. 464, s. 2; c. 1329,s. 3; 1981, c. 468; 1985, c. 625; 1993, c. 299, s. 1; 1995, c. 514, s. 2; 1997‑456,s. 7; 2006‑264, s. 66(b).)
§ 28A‑18‑2. Deathby wrongful act of another; recovery not assets.
(a) When the death of aperson is caused by a wrongful act, neglect or default of another, such aswould, if the injured person had lived, have entitled him to an action fordamages therefor, the person or corporation that would have been so liable, andhis or their personal representatives or collectors, shall be liable to anaction for damages, to be brought by the personal representative or collectorof the decedent; and this notwithstanding the death, and although the wrongfulact, neglect or default, causing the death, amounts in law to a felony. Thepersonal representative or collector of the decedent who pursues an actionunder this section may pay from the assets of the estate the reasonable andnecessary expenses, not including attorneys' fees, incurred in pursuing theaction. At the termination of the action, any amount recovered shall be appliedfirst to the reimbursement of the estate for the expenses incurred in pursuingthe action, then to the payment of attorneys' fees, and shall then bedistributed as provided in this section. The amount recovered in such action isnot liable to be applied as assets, in the payment of debts or legacies, exceptas to burial expenses of the deceased, and reasonable hospital and medicalexpenses not exceeding four thousand five hundred dollars ($4,500) incident tothe injury resulting in death, except that the amount applied for hospital andmedical expenses shall not exceed fifty percent (50%) of the amount of damagesrecovered after deducting attorneys' fees, but shall be disposed of as providedin the Intestate Succession Act. The limitations on recovery for hospital andmedical expenses under this subsection do not apply to subrogation rights exercisedpursuant to G.S. 135‑40.13A. All claims filed for such services shall beapproved by the clerk of the superior court and any party adversely affected byany decision of said clerk as to said claim may appeal to the superior court interm time.
(b) Damages recoverablefor death by wrongful act include:
(1) Expenses for care,treatment and hospitalization incident to the injury resulting in death;
(2) Compensation forpain and suffering of the decedent;
(3) The reasonablefuneral expenses of the decedent;
(4) The present monetaryvalue of the decedent to the persons entitled to receive the damages recovered,including but not limited to compensation for the loss of the reasonablyexpected;
a. Net income of thedecedent,
b. Services,protection, care and assistance of the decedent, whether voluntary orobligatory, to the persons entitled to the damages recovered,
c. Society,companionship, comfort, guidance, kindly offices and advice of the decedent tothe persons entitled to the damages recovered;
(5) Such punitivedamages as the decedent could have recovered pursuant to Chapter 1D of theGeneral Statutes had he survived, and punitive damages for wrongfully causingthe death of the decedent through malice or willful or wanton conduct, asdefined in G.S. 1D‑5;
(6) Nominal damages whenthe jury so finds.
(c) All evidence whichreasonably tends to establish any of the elements of damages included insubsection (b), or otherwise reasonably tends to establish the present monetaryvalue of the decedent to the persons entitled to receive the damages recovered,is admissible in an action for damages for death by wrongful act.
(d) In all actionsbrought under this section the dying declarations of the deceased shall beadmissible as provided for in G.S. 8‑51.1. (R.C., c. 1, s. 10; c. 46,ss. 8, 9; 1868‑9, c. 113, ss. 70‑72, 115; Code, ss. 1498‑1500;Rev., ss. 59, 60; 1919, c. 29; C.S., ss. 160, 161; 1933, c. 113; 1951, c. 246,s. 1; 1959, c. 879, s. 9; c. 1136; 1969, c. 215; 1973, c. 464, s. 2; c. 1329,s. 3; 1981, c. 468; 1985, c. 625; 1993, c. 299, s. 1; 1995, c. 514, s. 2; 1997‑456,s. 7; 2006‑264, s. 66(b).)
