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Economic Valuation For Wrongful Death, Joseph E. Johnson, George B. Flanigan

Campbell Law Review

At common law, there was no right to recover damages for the wrongful death of another. North Carolina General Statutes § 28A-18-2, however, provides a cause of action for wrongful death in North Carolina, and provides the basis upon which damages may be awarded. The primary concerns of a plaintiff proceeding under the statute often center around proving those factors listed in the statute as possible components of the damage award. The difficulty inherent in a wrongful death action lies in reaching a fair and reasonable estimate of the lost income the decedent could have earned but for an untimely …