info@carolinalaw.com
info@carolinalaw.com
Losing a loved one unexpectedly causes immense amounts of emotional pain. It may also lead to significant financial strain left to families or loved ones to handle. If the death was due to negligent actions, you may be entitled to compensation with the help of Fayetteville’s wrongful death attorneys.
Wrongful death occurs when an individual loses their life due to the negligent, reckless, or intentional actions of another person. In these cases, the party responsible for the death can be held legally liable for their actions, resulting in a civil lawsuit. The wrongful death claim is typically filed by the personal representative of the deceased’s estate on behalf of the surviving family members, such as a spouse, children, or parents, who have suffered emotional and financial harm due to the loss. This claim seeks compensation for economic and noneconomic damages. Unlike criminal cases, which focus on punishing the wrongdoer, wrongful death lawsuits aims to provide financial relief and justice to the grieving family.
To prove wrongful death, the plaintiff must prove the following:
When someone dies due to the negligence, carelessness, or intentional actions of another party, it may be classified as a wrongful death. To establish a wrongful death claim, it must be proven that the defendant’s actions directly resulted in the death, as not every fatality meets the legal criteria.
Under North Carolina law, only the personal representative of the deceased’s estate can file a wrongful death claim. This representative is typically a surviving family member, such as a spouse, parent, or child. Though the representative initiates the case, any compensation awarded is distributed among all eligible beneficiaries. Given the complexity of this process, consulting an experienced attorney is crucial to understanding your rights and securing the compensation your family deserves.
Our firm handles wrongful death claims arising from a variety of circumstances. Common causes include:
While no amount of compensation can make up for the loss of a loved one, making a wrongful death claim can help families cover present and future costs. The damages may include economic and noneconomic damages.
Losing a loved one can be a financial burden, with many necessary but unwanted expenses. The amount of money someone expects to spend may be significant. These costs may include medical expenses related to the final illness or injury, funeral and burial costs, and loss of the deceased’s income—including future earnings and benefits.
Some costs are difficult to put a price tag on, but there can be extensive pain and suffering after such a significant death. In wrongful death cases, surviving family members may be entitled to compensation for these non-monetary damages. These can include the loss of care, protection, and guidance that the deceased would have provided, as well as the emotional pain and suffering endured by those grieving the loss. This type of compensation ensures that the survivors receive some form of justice for their irreplaceable loss.
NC General Statutes Section 28A-18-2 govern specific laws regarding wrongful death claims in the state. The personal representative must file a claim within two years of the deceased person’s death date. While there are some exceptions to this rule, extending the deadline is unlikely. NC’s intestacy laws typically prioritize the deceased’s spouse, children, and other close family members when distributing any recovered damages. Additionally, NC follows contributory negligence laws, meaning that if the victim is found to have been even partially at fault for their death, the wrongful death claim may be completely dismissed.
We provide free consultations to family members investigating a wrongful death claim. To schedule a free consultation with a Fayetteville wrongful death attorney, call our firm at (910) 339-6603 or send a message through our contact page. Our attorneys often travel to meet clients if they cannot come to our offices.
Our firm offers a contingency fee arrangement for most wrongful death lawsuits. This means that unless we recover a verdict or settlement, you do not owe any attorneys’ fees. We have three conveniently located offices across the state in Raleigh, Charlotte, and Fayetteville.
Address: 2850 Village Dr Suite 206,
Fayetteville, NC 28304, United States
Phone: (919) 526-0450
