Wrongful Death Lawyer in North Carolina: Get Your Questions Answered about Wrongful Death Lawsuits
When someone dies because of another's wrongful action, neglect or fault, surviving family members may be able to bring a wrongful death suit to recover damages. The purpose of such a lawsuit would be to remedy the financial loss that family members experience because of their loved one’s death. A North Carolina wrongful death law firm can help the family determine who is able to sue in a wrongful death case based on state law and the family’s circumstances.
Recoverable damages
Types of damages a wrongful death lawyer in North Carolina may be able to help you recover under state law include:
- Medical expenses for care, treatment, and hospitalization caused by the incident resulting in death
- Compensation for the decedent's pain and suffering
- Funeral expenses
- Compensation for—
- The reasonably expected net income of the decedent
- The services, protection, care and assistance the decedent would have provided
- The society, companionship, comfort and guidance the decedent would have provided
- Punitive damages, if applicable
- Any other damages found by a jury
The North Carolina wrongful death statute § 28A 18 2 provides more information about the legal aspects of pursuing a wrongful death lawsuit.
Wrongful death statute of limitations
A statute of limitations is the legal deadline for filing a lawsuit. Individuals lose their right to sue if not filing within the designated time limit. In general, the North Carolina statute of limitations is two years from the date of the person’s death. However, as with many legal issues, the statute of limitations can become complicated by other factors, such as whether:
- Another statute of limitations that would have applied if the decedent had lived
- The person now bringing the lawsuit was a minor at the person's time of death and therefore unable to bring a lawsuit
The best way to deal with a wrongful death is to contact an experienced wrongful death lawyer and have the attorney evaluate your potential case.
How to File a Wrongful Death Lawsuit
When someone dies due to a negligent or malicious act, or is killed by a faulty product or other form of corporate liability , his or her survivors are legally entitled to bring a wrongful death lawsuit against the at-fault parties. However, wrongful death lawsuits are often very complicated and can take months or years to resolve. Sadly, this prevents many people with valid wrongful death claims from pursuing a settlement.
If you think you might have a valid wrongful death claim, do not forfeit your legal rights through inaction. At least familiarize yourself with the process of filing a wrongful death lawsuit.
Contact a wrongful death attorney
Even if you are not sure about the validity of your claim, contact a wrongful death lawyer who practices in the jurisdiction where your case would be tried. Finding a lawyer in the appropriate jurisdiction is essential, as wrongful death laws vary from one venue to another. If your case would be tried in North Carolina , contact a North Carolina wrongful death lawyer. The attorney you contact can evaluate your case and advise you of its merit.
Filing a wrongful death case
Initially, a wrongful death lawyer should attempt to settle your case by negotiating with the negligent party, or defendant. If all parties agree to fair compensation, the process ends here.
If you fail to reach an agreeable settlement, you would then file an official complaint with the courts to begin your wrongful death lawsuit. This complaint states:
- Why you, the plaintiff, filed suit against the defendant
- Which laws support your claims
- The specific damages you seek
The defendants now have a specified time to reply to your complaint. Their reply, or answer, usually responds to your specific claims and asks for the dismissal of the complaint.
All parties now enter the discovery phase of the lawsuit, where the plaintiff and defendants exchange information regarding the case. Pretrial motions may follow this, where wrongful death attorneys make legal arguments concerning:
- The complaint or answer
- Evidentiary disputes
- The necessity of the trial
As the trial approaches, most courts mandate that the attorneys meet with a judge for a settlement conference, during which the judge works with the parties towards an acceptable settlement. Some jurisdictions also encourage parties to seek mediation or arbitration in order to avoid a potentially expensive trial.
If the parties cannot settle the matter out of court, a wrongful death trial ensues. After this, the judge or jury enters a verdict for either the plaintiff or defendant. If the plaintiff wins, the judge or jury also decides on the awarded damages. Either party may appeal the decision if a significant legal error occurred during the trial.
Personal Injury Involves More Than Vehicle Accidents
Personal injury cases are usually associated with car accidents. But you can file other types of personal injury cases as well, including:
- Medical Malpractice
- Toxic torts
- Product Liabilities
- Premises Liabilities
- Wrongful death
If you suffer physical injuries from an accident in Polk County or elsewhere in Florida and the negligence of another party was responsible, you have legally suffered a personal injury and are entitled to compensation for your damages. But unless you have broad legal knowledge and know how to estimate the real costs of the damages you suffered, it can be difficult to collect compensation on your own.
You owe it to your health and your family to reach out to one of the personal injury attorneys in Polk County to guide you through the legal formalities from start to finish. Find an attorney who has the expertise to handle your type of personal injury. If your attorney has a record of success, that is often a good sign. Ask your attorney how he or she plans to handle your case. The best attorneys know how to negotiate with the insurance company but are willing to go to court if they believe the insurance company is offering a settlement that does not adequately address the damages you suffered.
Personal injury laws can vary but a local attorney with expertise always knows the laws of your state. Be aware that some law firms are statewide and are fully familiar with personal injury laws such as those in Florida.
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