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The sudden loss of a loved one brings overwhelming emotional pain and can create a heavy financial burden for those left behind. If negligence played a role in their death, Raleigh’s wrongful death attorneys can help you seek the compensation you deserve.
A wrongful death occurs when someone loses their life due to another person’s negligent, reckless, or intentional action. In such cases, the responsible party can be held legally accountable through a civil lawsuit. The wrongful death claim is usually filed by the personal representative of the deceased’s estate on behalf of surviving family members – such as spouse, children, or parents – who have endured emotional and financial harm from the loss. This claim seeks compensation for both economic and non-economic damages. Unlike criminal cases that aim to punish the wrongdoer, wrongful death lawsuits focus on providing financial relief and justice to the grieving family.
To establish a wrongful death case, the plaintiff must demonstrate the following elements:
When a death occurs due to another party’s negligence, carelessness, or intentional actions, it may be considered a wrongful death. However, not every fatality meets the legal criteria, so it must be proven that the defendant’s actions directly caused the death.
In North Carolina, only the personal representative of the deceased’s estate can file a wrongful death claim. This representative is usually a surviving family member, such as a spouse, parent, or child. 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 dismissed entirely.
Although the representative files the case, any compensation awarded is distributed among all eligible beneficiaries. Given the complexities involved, consulting an experienced Raleigh wrongful death attorney is essential to understanding your rights and obtaining the compensation your family deserves.
Our firm handles wrongful death claims arising from various circumstances, including:
These are just a few examples of the many kinds of claims our experienced Raleigh wrongful death attorneys handle. If you are considering a wrongful death claim against an individual or business, contact us for a free consultation.
NC General Statutes Section 28A-18-2 dictates matters of wrongful death. The personal representative must file a claim within two years of the deceased person’s death date. While this rule has some exceptions, extending the deadline is unlikely. Importantly, this statute of limitations is shorter than personal injury claims (three years). The General Statutes Section specifies the types of damages a person can collect after a wrongful death.
While no amount of compensation can replace a loved one, filing a wrongful death claim can help families manage current and future expenses. Damages may include both economic and non-economic losses.
The financial burden of losing a loved one can be overwhelming. Costs may include medical expenses related to the final illness or injury, funeral and burial expenses, and the loss of the deceased’s income, including future earnings and benefits.
The emotional impact of such loss is profound, and while it is difficult to assign a monetary value, compensation can be awarded for non-economic damages. These may include the loss of care, protection, and guidance the deceased would have provided, as well as the emotional pain and suffering experienced by surviving family members. This compensation offers a measure of justice for an irreplaceable loss.
If you have lost a loved one due to wrongful death, contacting a lawyer is crucial to protecting your rights and ensuring you receive fair compensation. Contact a Raleigh wrongful death attorney to schedule a free consultation. To reach an intake specialist, visit our contact page or submit an inquiry through our Live Chat feature. You may also call us at (919) 526-0450. We accept clients across the Carolinas.
