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Losing a family member is tragic and can be emotionally overwhelming. Such a loss can have devastating consequences on the financial and emotional health of their dependents. If you believe that your loved one's death was as a result of someone else's negligent act, you are within your rights to file a wrongful death claim against the responsible party.
At Life Law, we are dedicated to providing outstanding legal services and compassionate representation in personal injury and wrongful death matters. Our experienced attorneys will provide detailed guidance and the support you need during this difficult period. We will help you pursue fair financial compensation to cover damages, medical expenses, lost income, burial expenses, and loss of consortium.
Life Law proudly represents clients throughout North Carolina including Raleigh, North Carolina, and surrounding communities of Wake County, Johnston County, Franklin County, and Durham County.
According to the North Carolina Statutes section 28A-18-2, when a wrongful death occurs, the personal representative of the deceased person's estate may file a civil claim seeking damages or monetary compensation for the wrongful death. The aim of a wrongful death lawsuit is to hold another party accountable for an avoidable accident, which resulted in a death.
The void left by the death of a family member or loved one won’t be filled by financial compensation. Regardless, North Carolina's wrongful death statutes are designed to help the deceased's family hold the responsible party liable, recover financial compensation, and salvage financial stability after losing someone due to a wrongful act.
Under the North Carolina Statutes section 28A-18-2, wrongful death is defined as a death that occurred as a result of someone else's wrongful act, negligence, or recklessness. The law further provides that a wrongful death claim may be filed even if the actions that caused the death can be classified as a felony under North Carolina law. Although a wrongful death claim is a civil matter, state law allows that where it resulted from a felony, the claim may be filed even when there is a criminal case in process for the same incident.
In North Carolina, the personal representative of the deceased person's estate may file a wrongful death claim. If a personal representative has not been specified, the court will appoint someone, usually a surviving spouse, parent, or adult child.
Under North Carolina's statute of limitations, a wrongful death action must be filed within two years of the decedent's death. There are some exceptions to this rule which extend the time limit but these circumstances are very rare.
With a wrongful death action, the victim's family may be able to recover damages to cover the following:
Expenses for care, treatment, and hospitalization incident to the injury resulting in death
Compensation for pain and suffering of the decedent
The reasonable funeral and burial expenses of the decedent
Compensation for the loss of expected income of the decedent
Compensation for the loss of services, protection, care, and assistance of the decedent
Compensation for the loss of society, companionship, guidance, comfort, and advice of the decedent
Punitive damages for wrongfully causing the person's death
Nominal damages when the jury sees fit
According to data obtained from the Centers for Disease Control and Prevention (CDC), accidents in North Carolina resulted in about 5,985 deaths in 2017. Losing a loved one can have a long-term effect on your emotional and financial health. Retaining an experienced wrongful death attorney is the first step in pursuing deserved compensation.
Our attorneys at Life Law have devoted their career to protecting the rights of wrongful death victims. We will help you with the following:
Conduct a comprehensive investigation and gather all necessary evidence
Establish fault and liability
Handle all communications and negotiations with the insurance company
Negotiate a fair settlement with the insurer
Provide compassionate representation in your wrongful death lawsuit
Our attorneys will represent you zealously in court and fight so that the right people are held accountable. Having our attorneys on your side could increase your chances of recovering fair compensation.
If you have lost a spouse, family member, child, close relative, or parent due to someone else's wrongful act, you may hold the responsible party liable. Call Life Law Offices today to schedule a free case evaluation. Our team can help protect your rights, provide compassionate representation, and help you pursue fair compensation for your loss. We represent clients in North Carolina. Call us today to speak with an experienced wrongful death attorney.