Cary Wrongful Death Lawyer
The idea of a filing a wrongful death lawsuit strikes some people in Cary the wrong way. Since no amount of money can make up for the loss of a loved one, it may seem like a wrongful death suit is an attempt to capitalize from a tragedy. But nothing could be further from the truth. The loss of any family member has long-term consequences which may burden the family for years to come. A wrongful death claim shifts some of that burden from the grieving family to the party who is responsible for causing the death. Compensation received can provide for future needs of the family, some of which may be difficult to anticipate. And a wrongful death lawsuit may provide answers that give your family peace of mind. To learn more, it is wise to talk to a Cary wrongful death lawyer. A dedicated personal injury lawyer could evaluate your situation and explain your options so that you can make the right decision for your family.
Compensation May Be Available for Wrongful Deaths in Cary
The North Carolina wrongful death statute allows the personal representative of the deceased person to file a claim to recover compensation for a variety of factors. This compensation is referred to as damages.
A damage award in a wrongful death suit could provide compensation to help pay bills that must be paid by the deceased person’s estate such as medical bills and funeral expenses. The award could also provide compensation for pain and suffering endured by the deceased person prior to death.
Damages also provide compensation to family members for their losses. Amounts may be awarded to cover the loss of financial support, as well as more intangible losses such as loss of companionship, guidance, protection, and services that had been provided by the deceased. The damage award is divided by statute so that while some of it goes to pay bills, other amounts are distributed to family members such as spouses and children. If there are no spouses or children, amounts may pass to others such as grandchildren, parents, or siblings.
Determining When Someone May Be Held Liable for an Untimely Death
It is not always easy to determine whether someone may be held liable for the death of another. And proving that liability may be even more difficult. Experienced Cary wrongful death lawyers often bring in expert witnesses to assist in this area.
A death may be considered “wrongful” if it was caused by the neglect or wrongful act of another. Conduct will generally be found to be negligent when someone owes a duty of care to another, fails to meet their responsibilities, and that failure causes harm that results in death.
For instance, a doctor owes to provide reasonable care to patients. When a doctor provides care that does not meet the standard and death is the result, that doctor may be held liable. So, to hold someone liable, it is necessary to show what the standard should have been, how that standard was violated, and that the violation was the cause of death. After reviewing the facts of the case, an accomplished lawyer could help prove negligence.
Contact a Cary Wrongful Death Attorney
A wrongful death case can be fraught with emotion. For that reason, it is often helpful to work with an experienced attorney right from the start so that certain questions can be answered, and statements provided by an experienced professional who could evaluate a situation without any negative emotional context.
It is wise not to wait too long because evidence that could prove liability is best obtained soon after the incident giving rise to the claim. In addition, the state statute of limitations provides that a claim must be filed within two years or even less if the deceased person suffered from injuries sustained some time before death. To learn about your options and how the limits apply in your situation, contact a Cary wrongful death lawyer for a free consultation.