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.
What is Wrongful Death?
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.
How does One Prove Wrongful Death?
To prove wrongful death, the plaintiff must prove the following:
- Duty of Care: The plaintiff must prove that the defendant owed a duty of care to the victim. This means the defendant had a responsibility to act in a reasonably safe manner. For example, doctors owe their patients a duty of care.
- Breach of Duty: The plaintiff must then prove that the defendant breached this duty of care. This breach can occur through negligent actions. For example, failure to follow safety protocols or intentional acts that disregard the safety of others.
- Causation: The plaintiff must show that the breach of duty directly caused the death. This often requires expert testimony or evidence to make the connection.
Who Can File a Wrongful Death in North Carolina?
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.
Common Causes of Wrongful Death Claims
Our firm handles wrongful death claims arising from a variety of circumstances. Common causes include:
- Motor Vehicle Accidents: These are some of the most common reasons wrongful deaths occur. There are numerous ways car accidents may happen, such as reckless driving, drunk driving, distracted driving, or failing to obey traffic laws. According to the National Highway Traffic Safety Administration, in 2022, there were over 42,000 crashes resulting in deaths.
- Medical Malpractice: When healthcare professionals are aware of potential consequences and still deviate from the practice norms, this may be known as medical malpractice. Some examples of common practices that may result in death include misdiagnoses, surgical mistakes, birth injuries, or improper medical treatment.
- Workplace Accidents: There is a possibility of suffering a fatal injury at almost any place of work. Those working in the construction and industrial fields often have a higher risk of physical harm than other types of jobs. Occupational fatalities frequently result from slips and falls, machinery accidents, severe burns, or exposure to toxic substances.
- Defective Products: As technology advances, more complex consequences follow. There are hidden dangers that the manufacturer may be aware of, but do not caution physicians, retailers, or consumers about. Fatalities may occur from medical devices, unsafe pharmaceuticals, or defective machinery.
Damages Recoverable for Wrongful Death Claims
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.
Economic 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.
Noneconomic Damages
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.
Wrongful Death Statute in North Carolina
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.
Contact a Fayetteville Wrongful Death Attorney
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.
