Wrongful Death

You May Need To File a Wrongful Death Claim Following The Death of a Loved One in North Carolina

The aftermath of a loved one’s wrongful death in North Carolina is a profound and complex experience marked by deep emotional pain, significant loss, financial stress, and altered family dynamics. In North Carolina, certain family members have the right to seek a wrongful death claim through the appropriate channels if their loved one’s death was due to another person’s negligence or carelessness. An experienced North Carolina wrongful death attorney at ER Law Trial Lawyers can shoulder the legal burden, guiding you through the process to seek financial compensation to address the many areas of your family’s life affected by this tragedy. We invite you to schedule a free consultation to evaluate your options to pursue a wrongful death case and plan your next steps.

The loss of a loved one due to negligence or misconduct can lead to intense feelings of grief, anger, and injustice. The person’s absence leaves a void that is seemingly incalculable, affecting the dynamics of the family and the community. The loss can alter the family structure and relationships, leading to additional stress and potential conflicts.

If the deceased was a primary earner, dependents among your family may face economic hardship while bearing substantial expenses for medical care, funeral arrangements, and burial. A wrongful death lawyer can help you seek compensation for both economic and non-economic damages, including medical expenses, funeral costs, loss of the deceased’s income, pain and suffering, and loss of companionship.

Contact an experienced North Carolina wrongful death attorney at ER Law Trial Lawyers today to schedule a free consultation. It is crucial to be aware of the time restrictions imposed by North Carolina law for pursuing legal action on behalf of the deceased’s estate. With our extensive experience handling wrongful death cases in North Carolina, our attorneys are well-equipped to provide you the necessary assistance in pursuing justice for your beloved family member.

Common Causes of Wrongful Death in North Carolina

Common causes of wrongful deaths in North Carolina include:

• Truck, Motorcycle, and Car Accidents: Auto accidents are often due to reckless driving, speeding, distracted driving, or driving under the influence.
• Medical Malpractice: This can include surgical errors, misdiagnosis, delayed diagnosis, medication errors, or negligence during childbirth.
• Product Defects: If a product is faulty or doesn’t include proper instructions or warnings, it can lead to injury or death.
• Medicine Defects: This can occur when pharmaceutical drugs cause harmful side effects or when they’re improperly prescribed.
• Accidents in the Workplace: These can happen due to unsafe working conditions, lack of proper training, or failure to comply with safety regulations.
• Drunk Driving Accidents: Alcohol-impaired driving is a significant cause of fatal accidents.
• Slip and Fall Accidents: These can occur due to hazards like wet floors, uneven surfaces, or poor lighting.

Who Can File a Wrongful Death Claim in North Carolina

In North Carolina, a wrongful death claim can only be filed by the personal representative of the deceased person’s estate. This is typically the executor identified in the decedent’s will or an administrator appointed by the court if the decedent did not leave a will. Your attorney can guide you and other surviving family members regarding your options for wrongful death actions and the necessary steps involved with these processes to pursue your interests in relation through a wrongful death lawsuit.

The personal representative must coordinate with the estate of the decedent and follow the probate process to file the claim. This involves gathering necessary documentation, filing paperwork in a timely manner, and ensuring all steps comply with North Carolina’s wrongful death statutes.

Wrongful Death Claims are Distinct from Criminal Prosecutions

It’s important to note that wrongful death claims are civil actions separate from any criminal prosecutions related to the cause of the loved one’s death. Not all incidents involving wrongful death claims also involve criminal charges. Some examples of criminal cases that may also involve a wrongful death lawsuit would be a car accident involving driving under the influence or a criminal homicide case.

While a criminal case seeks to punish the wrongdoer, a wrongful death case aims to secure compensation for the losses suffered by the decedent’s survivors. Criminal charges only pertain to punishment of the alleged perpetrator of a crime. The surviving family members cannot seek compensation through a criminal case; that is only possible through a civil case. Wrongful death lawsuits are for seeking financial compensation from the responsible party in the form of wrongful death damages that serve as compensation for medical and funeral expenses, lost wages, household services required due to the victim’s death, and perhaps other losses or expenses according to your unique case details.

Our experienced Greensboro wrongful death attorneys at ER Law Trial Lawyers can estimate the approximate value of a North Carolina wrongful death action following a loved one’s death due to a negligent or wrongful act. Let the wrongful death lawyers at our firm evaluate your options to seek a civil action and hold the responsible party accountable for your losses and the losses of other surviving family members in relation to the victim’s death.

Damages You May Be Able To Seek in a Wrongful Death Claim

In North Carolina, compensatory damages in wrongful death cases are categorized into two types: economic and noneconomic.

• Economic Damages: These can include tangible costs that are easily quantified to attribute monetary values, such as medical expenses related to the decedent’s final illness or injury, funeral and burial expenses, and the loss of the decedent’s expected earnings.
• Noneconomic Damages: These can cover more subjective and intangible losses such as pain and suffering experienced by the decedent prior to death, loss of companionship, and emotional distress experienced by the survivors.
• Punitive Damages are sometimes awarded in cases where the defendant’s actions were particularly negligent or malicious. They are not compensatory in nature, but are rather intended to punish the wrongdoer and deter similar conduct in the future.Each wrongful death lawsuit is unique, and the type and amount of damages awarded in North Carolina wrongful death settlements depend on the specifics of the circumstances. An experienced Greensboro wrongful death lawyer can assess your ability to file a wrongful death suit.

Proving a Wrongful Death Claim in North Carolina

To prove a wrongful death case in North Carolina, a plaintiff must establish four key elements:

1. Duty of Care: The plaintiff must demonstrate that the defendant owed a duty of care to the deceased person.
2. Breach of Duty: The plaintiff needs to show that the defendant breached this duty of care by acting or failing to act in a certain way.
3. Causation: It must be proven that the defendant’s breach of duty directly led to the fatal injuries that caused the decedent’s death.
4. Damages: Finally, the plaintiff must provide evidence of the actual damages caused by the death, such as medical expenses, funeral costs, loss of income, and emotional distress.

Successfully establishing these elements is necessary to recover compensation from the at-fault party. Discuss the details of your case with your North Carolina wrongful death lawyer to address your case strategy and identify your next steps as you seek justice represented by financial compensation for a fatal incident caused by a negligent party.

Statute of Limitations For a Wrongful Death Claim in North Carolina

In North Carolina, the statute of limitations to pursue a wrongful death case is two years from the date of the person’s death. This means that any legal action must be initiated within this timeframe to be considered valid.

Given this limited time frame, it is crucial to contact our experienced wrongful death attorneys at ER Law Trial Lawyers as promptly as possible following the death of a loved one. An attorney can help navigate the complex legal process, shoulder some responsibilities during this challenging time, and guide you in the appropriate direction to ensure your wrongful death claim is properly filed.

How Your Wrongful Death Attorney Can Help

An experienced wrongful death lawyer can provide invaluable assistance to a grieving family dealing with the loss of a loved one. Your attorney can guide your family through the complex legal process starting immediately after the decedent’s death and through the resolution of a wrongful death case.

An experienced wrongful death lawyer will conduct a thorough investigation to establish the cause of death, gather evidence, and identify all potential defendants. Navigating the filing process, your attorney will seek to ensure that the wrongful death claim is filed within the North Carolina statute of limitations.

Your attorney will also shoulder the burden of negotiation with insurance companies, striving to ensure the family is seeking appropriate and fair compensation for their loss. In cases where a settlement cannot be reached, the attorney will prepare to take the case to trial.

Your wrongful death attorney can help to determine the full extent of damages, including both economic and noneconomic losses. Your lawyer can advocate for compensation to the family for medical expenses, funeral costs, and lost income, as well as pain and suffering.

Given this broad range of responsibilities, it is crucial to promptly contact an experienced North Carolina wrongful death attorney following the death of a loved one. At ER Law Trial Lawyers, we begin with a free consultation to assess the details of your case and devise your case strategy.

Schedule a Free Consultation with ER Law Trial Lawyers in Greensboro, North Carolina

Protect your interests and move forward confidently by partnering with a skilled North Carolina wrongful death lawyer right from the start of your case. With ER Law Trial Lawyers, you are in capable hands. Our Greensboro wrongful death lawyers are ready to fiercely advocate on your behalf. We are prepared to listen to your unique concerns, comprehend your needs, and pursue solutions for your future.

Contact us today at (336) 904-9000 or complete our online form to schedule a complimentary consultation to discuss your personal injury case. Our attorneys can assist you in understanding the complete extent of the damages pertinent to your wrongful death case, and we will examine the specifics surrounding the incident that led to your loved one’s death as we determine your case strategy.

For your convenience, we are available to discuss your case via phone, over Zoom, or in-person at either of our offices in Reidsville or Greensboro, North Carolina. We proudly serve North Carolina residents in both Guilford County and Rockingham County.

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