The sudden and unexpected death of a loved one can be a devastating experience. The emotional and financial toll can be overwhelming, and you may be unsure of what to do next. If the death was caused by another person’s or party’s negligence, you may be entitled to compensation through a wrongful death lawsuit.
Working with a qualified Clemmons wrongful death lawyer can help you navigate the legal process and get the maximum compensation possible for your loss. A wrongful death lawyer will have the knowledge and experience to investigate your case, gather evidence, and build a strong case on your behalf. They will also be able to negotiate with the insurance company or represent you in court if necessary.
The benefits of working with a Clemmons wrongful death lawyer include:
- Expertise and experience: A wrongful death lawyer will have the knowledge and experience to handle your case effectively.
- Compensation: A wrongful death lawyer can help you get the maximum compensation possible for your loss, including damages for medical expenses, lost wages, pain and suffering, and emotional distress.
- Peace of mind: Working with a Clemmons wrongful death lawyer can give you peace of mind knowing that your case is in good hands and that you are getting the best possible representation.
If you have lost a loved one due to someone else’s negligence, contact McIver Law Firm today for a free consultation with our experienced Clemmons personal injury lawyer. We will help you understand your legal rights and options and fight for the maximum compensation possible for your loss.
Call us today at 336-727-9886 or visit our website to schedule your consultation.
How is Wrongful Death Defined in North Carolina?
In North Carolina, wrongful death is legally defined as the death of a person caused by the default, neglect, or wrongful act of another person. This can include deaths caused by car accidents, medical malpractice, workplace accidents, and other types of negligence.
Below are various types of wrongful death cases that we commonly deal with:
- Wrongful act: This refers to an intentional act that causes the death of another person. For example, if someone shoots and kills another person, this would be considered a wrongful act.
- Negligence: This refers to the failure to act in a reasonable manner that results in the death of another person. For example, if a driver is texting and driving and causes a car accident that results in the death of another person, this would be considered negligence.
- Default: This refers to the failure to fulfill a legal duty that results in the death of another person. For example, if a landlord fails to maintain a safe property and a tenant dies as a result of a fall, this would be considered a default.
The surviving family members of a person who dies as a result of wrongful death in North Carolina can file a civil lawsuit to seek compensation for their losses. This compensation can include damages for:
- Medical expenses: The cost of medical care that the deceased person received before their death.
- Lost wages: The income that the deceased person would have earned if they had not died.
- Pain and suffering: The emotional and physical pain that the deceased person experienced before their death.
- Loss of consortium: The loss of companionship, emotional support, and care that the surviving family members experienced as a result of the deceased person’s death.
The amount of compensation that is awarded in a wrongful death case will vary depending on the specific facts of the case. However, the surviving family members are entitled to recover all of their actual losses, as well as an award for pain and suffering.
If you have lost a loved one due to wrongful death, you should contact an experienced Clemmons wrongful death lawyer to discuss your case. A lawyer can help you understand your legal rights and options and fight for the maximum compensation possible for your loss.
Who is Qualified to File a Wrongful Death Claim?
In North Carolina, a wrongful death claim can be initiated by certain surviving family members or the personal representative of the deceased person’s estate. Those who qualify include:
- The spouse of the deceased person
- Children of the deceased person
- Parents of the deceased person who were dependent on the deceased person for support
Can a Surviving Family Member File for Punitive Damages?
Yes, North Carolina law allows for punitive damages to be awarded in wrongful death cases. Punitive damages are meant to punish the at-fault party for their reckless or intentional actions, serving as a deterrent to prevent similar misconduct in the future.
How is Negligence Proven in a Wrongful Death Case?
To prove negligence in a wrongful death case, the following elements need to be demonstrated:
- Duty of Care: It must be shown that the party at-fault had a responsibility or duty of care to the deceased person. For example, in a car accident, all drivers have a duty to follow traffic laws and operate their vehicles safely.
- Breach of Duty of Care: It must be proven that the at-fault party breached their duty of care through negligent or reckless behavior, such as drunk driving or medical malpractice.
- Causation: It must be established that the breach of duty directly caused the death of the individual. This requires demonstrating a causal link between the at-fault party’s actions and the fatal incident.
- Damages: Evidence of the resulting damages suffered by the surviving family members, such as financial losses, emotional pain, and loss of companionship, must be presented.
How Do You Start a Wrongful Death Claim in North Carolina?
Initiating a wrongful death claim involves several essential steps:
- Building a Case: Our experienced wrongful death attorneys will thoroughly investigate the case involving your loved one’s death. We will gather evidence, consult experts, interview witnesses, and construct a strong case on your behalf.
- Negotiations: We will engage in negotiations with the responsible party’s insurance company to seek a fair settlement that adequately compensates you for your losses. Our attorneys are skilled negotiators who will fight for your rights and advocate for maximum compensation.
- Preparing for Trial: If a fair settlement cannot be reached through negotiations, we are fully prepared to take your case to trial. Our dedicated legal team will meticulously prepare your case, gather supporting evidence, and present a compelling argument in court.
- Trial: During the trial, our experienced attorneys will passionately represent your interests, presenting the evidence and testimony necessary to prove negligence and seek the justice your loved one deserves.
What is the Difference Between a Wrongful Death Claim and an Estate Claim?
A wrongful death claim is a civil lawsuit filed by the survivors of a deceased person against the person or entity responsible for their death. An estate claim is a probate proceeding filed by the personal representative of a deceased person’s estate to collect assets and pay debts.
Wrongful death claims are designed to compensate survivors for their financial losses and emotional pain and suffering. Estate claims are designed to distribute the deceased person’s assets to their heirs according to their will or the laws of intestacy.
Contact Our Clemmons Wrongful Death Lawyer Today!
In the face of the devastating loss of a loved one, McIver Law Firm is here to provide unwavering support and legal representation. Our compassionate wrongful death attorneys understand the unique challenges you are facing and are dedicated to pursuing justice on behalf of your loved one.
Don’t navigate this difficult journey alone. Contact McIver Law Firm today at 336-727-9886 to schedule a free consultation and let us guide you toward the compensation and closure you deserve.
