Wrongful Death
If your loved one died because of someone else’s wrongful actions, your family has suffered immensely. Here, the injury may not be physical in the sense that you would need medical treatment. Your losses are the void that is left when your loved one dies. There are many different aspects of this loss, and each of them may be quantified financially. If you are able to prove that there was wrongful action that took the life of your family member, this compensation could be substantial. First, you need to contact an experienced North Carolina wrongful death attorney at the Howard Stallings Law Firm to review your case and help you take legal action.
Potential Defendants in a Wrongful Death Case
The first question in a wrongful death case is who you may be able to sue for damages. There may be multiple defendants in your case, and you should sue all of them to maximize your financial compensation. Our wrongful death attorneys can conduct a complete investigation of the accident to help determine who may be responsible.
Defendants in a wrongful death lawsuit can include:
Your loved one may have been involved in an accident with another driver or injured by the careless actions of a property owner. You may hold them directly responsible for what they did.
A company is liable for the actions of their employees that are committed within the scope of their employment. if the employee was on the job at the time of the accident, you may be able to sue their employer.
if your loved one was killed by intentional action, you could sue the property owner because they failed to provide adequate security to protect you from harm.
Governmental entities in North Carolina are not immune from lawsuits that are based on their own negligence. However, there are special rules for suing the government that you need to be aware of before beginning your case.
Accidents That Can Cause Wrongful Death
Wrongful death lawsuits can arise in a number of different contexts, including:
- Car accidents
- Truck accidents
- Pedestrian accidents
- Premises liability accidents (such as slip and falls and fires)
- Medical malpractice
- Bicycle accidents
- Motorcycle accidents
- Violent attacks
- Boating accidents
No matter what type of wrongful death was involved, you always need to meet your burden of proof before you can receive compensation for what happened to your loved one.
Proving a Wrongful Death Case
Most commonly, you are trying to prove that someone else was negligent in the events that led to the death of your loved one. This would need to be a person who played a direct role in what happened, whether it was their direct actions or their inattention that allowed the death to happen.
To prove negligence, you need to demonstrate each of the following four elements:
- The defendant owed your loved one the duty of care
- The defendant breached the duty of care by doing something that would be considered unreasonable under the circumstances
- Your family member suffered an injury
- Your family member would not have been injured had it not been for the actions of the defendant
Here are examples of things that may be considered negligence in a wrongful death case:
- A truck ends up in a head-on collision with a car because the truck driver was distracted
- Someone is killed in an attack when the property owner fails to have adequate security in the face of known dangers
- A shopper falls and hits their head because there was debris left in a walking path
- A pedestrian is struck by a driver who did not yield the right of way at a crosswalk
Regardless of the cause, you need to present evidence that proves what happened so you can demonstrate negligence.
The Role of a Survival Action
Your loved one may not have died immediately after they were injured or sickened. The fact that your family member eventually died does not mean that the responsible party escapes liability for the harm that was inflicted between the time of the injury and death. There is a separate legal case called a survival action.
This type of lawsuit is filed by the personal representative of the deceased person, and it is brought together with the wrongful death case. The two lawsuits will rely on the same operative set of facts. The proceeds of the wrongful death case will go to the same people who would have received it had the deceased person died without a will.
Damages in a survival action can include the following:
- The medical expenses necessary to treat the deceased person after their injury
- The lost wages that they would have earned between the time of their injury and death
- The pain and suffering they experience before they died
- Any emotional distress they suffered as a result of the accident
Of course, damages in a survival action would be higher if the deceased person lived for some time after their injuries. Still, if your family member died not long after the accident, things like emotional distress could be considerable.
Damages in a Wrongful Death Case
Here, your family is the victim of the wrongful conduct because you have suffered damages when your loved one died. Of course, you can still recover compensation for what your loved one endured, as described above.
When your family has suffered the personal injury, you are entitled to full compensation for what you lost when your loved one died. Your wrongful death compensation may include the following:
- The wages that your loved one would have earned over the duration of their career and contributed to the family
- The guidance that the deceased family member provided
- The close and loving relationship that the deceased had with the family members
- Your family’s grief and trauma when you have suddenly and tragically lost a loved one to someone else’s wrongful action
Before you can file a lawsuit, You need to know how much your case is worth, and our personal injury attorneys can give you that knowledge.
Who May File a Wrongful Death Case in North Carolina
A wrongful death case is filed by the personal representative of the deceased person. If your family member had a will, they would have named a personal representative to handle the estate. If there is no will, the court would appoint a personal representative.
The proceeds of the wrongful death case would be distributed to the following people:
- If there are no children or parents, the spouse would receive the entire amount of the proceeds
- If there is one child, the spouse would receive half, and that child would receive half
- If there are two or more children, the spouse would receive one-third, and the children would divide the remaining share
- If there are parents and no children, the spouse would receive half, and the parents would receive half
Therefore, it is essential that you maximize the proceeds from a wrongful death case because more than one person may have an entitlement to the money.
Why You Need a Lawyer for a Wrongful Death Case
There is little that your family can do on your own when you are dealing with such difficult circumstances. Even if you were not in the throes of grief and transition, you would not be able to handle the legal process because you do not have the knowledge. When you hand the details of a wrongful death lawsuit over to your wrongful death attorney, your family can focus on what is important and each other during this excruciating time.
When you hire the wrongful death attorneys at the Howard Stallings Law Firm, we can do the following in your wrongful death case:
- Counsel your family on the details of the legal process, making sure you understand your options and what lies ahead of you
- Investigate what happened, gathering evidence that can prove your case and help you determine who you may be able to sue
- Research your family’s situation to help you determine how much compensation you may be eligible for in a lawsuit
- File a wrongful death claim or lawsuit on behalf of your family
- Negotiate potential compensation with the insurance company or the defendant in the case
- Build and try your case in court if you cannot reach a settlement agreement that would prevent a trial
Contact a North Carolina Wrongful Death Lawyer Today
Even though your family may be grieving, you still need to keep an eye on the legal process so as not to jeopardize your right to financial compensation. When you contact the personal injury attorneys at the Howard Stallings Law Firm, we handle all the details of your case, keeping your family from having to engage in depth in the lawsuit. You can schedule a free initial consultation with one of our wrongful death attorneys by sending us a message through our website or by calling us today at 919-821-7700. There is no fee unless you recover money for the loss of your loved one.
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