The unexpected death of a loved one is a traumatic experience, but when the death is caused by someone else, it can be distressing. Thousands of people a year die due to the negligence of others. Loved ones are left to go on, sometimes with significant damages. If your loved one suffered a wrongful death, you may be entitled to compensation. An experienced wrongful death attorney will help you get the money you deserve.
What is Wrongful Death?
Wrongful death is a type of civil lawsuit when a death was caused by the negligence of another. The loved ones of a person who died due to wrongful death may seek compensation for the negligent death. Wrongful death generally refers to a death that was caused by negligence or recklessness, or an intentional act. A knowledgeable attorney will help you and your family determine whether a wrongful death occurred and, if so, will help you take the next legal steps.
What Causes Wrongful Death?
There are many things that may cause a wrongful death. Some of the most common reasons include medical errors, vehicle accidents, and workplace accidents. More than 1,600 deaths in North Carolina were attributed to vehicle accidents in 2023, the latest year for which data is available. According to the Centers for Disease Control and Prevention (CDC), deaths caused by accidents are the fifth highest cause of death in the United States. Annual deaths due to medical mistakes may reach more than 400,00.
Who Can File a Wrongful Death Lawsuit?
Only a person eligible to do so may file a wrongful death lawsuit in North Carolina. Generally, the personal representative or executor of the estate is allowed to file a wrongful death suit on behalf of the estate of the deceased. In the case of a death without a will, a beneficiary is typically allowed to file a wrongful death lawsuit. A beneficiary is usually a spouse or close relative, such as a parent or adult child of the deceased.
How Much is a Wrongful Death Settlement?
First, it is helpful to understand what happens when you file a wrongful death claim. Generally, your attorney will negotiate with the negligent party to try to reach a settlement. Most claims result in settlements. However, if the parties cannot agree, the matter may go to court. Either a judge or a jury will decide the case and the amount of damages to be awarded. You must be able to prove your case, showing that the other party had a duty of care, breached that duty, and their negligence resulted in the death of another.
How Long Do I Have to File a Wrongful Death Claim?
North Carolina’s statute of limitations limits the time to file a wrongful death lawsuit. The time limit to file is generally two years from the date of death. In some cases, there is an exception for medical malpractice cases where the time limit may be extended when the malpractice was not immediately known. It is essential to file in a timely manner, or you will lose your right to file a claim.
While no amount of money can replace your loved one, it can help to cover expenses and provide financial support. If your loved one died as a result of a negligent act, contact our legal team at Arnold & Smith, PLLC, at (704) 370-2828 to request a consultation.
The skilled personal injury attorneys at Arnold & Smith, PLLC, are dedicated to maximizing financial recovery and obtaining justice for every personal injury client injured by another party’s negligence. The issues our personal injury clients may be facing include, but are not limited to, slip and fall injuries, wrongful death, product liability, catastrophic injuries, dog bite claims, car, and truck accident injuries, motorcycle injuries, traumatic brain injury (TBI), nursing home negligence, spinal cord injury, boating accidents, and defective medical device injury. Our personal injury attorneys understand the devastating impact such an injury can have on a person’s life and that the effects often go beyond physical pain and suffering. The personal injury attorneys at Arnold & Smith, PLLC, are dedicated to helping clients determine their claims’ strength and aggressively pursuing the means necessary to achieve the best possible end result for each client’s particular situation.
Source:
https://www.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_1/gs_1-53.html
https://www.law.cornell.edu/wex/wrongful_death
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https://www.freeimages.com/photo/businesspeople-meeting-in-office-2054453
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