Wrongful Death Lawyer in Cary

The idea of 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 on a tragedy. Our Cary wrongful death lawyers know that nothing could be further from the truth.

The loss of any family member has long-term consequences that may burden you for years to come. A wrongful death claim shifts some of that burden from your shoulders to the party who is responsible for causing the death. Compensation received can provide for your future financial needs and give your family peace of mind.

Whitley Law Firm believes in offering North Carolina families the chance to file personal injury claims on behalf of loved ones lost too soon. Our Cary personal injury lawyers have advocated for grieving families since 1974 and can help you navigate the legal process. Book your free case consultation today to discuss your right to a wrongful death claim.

When Can You File a Wrongful Death Claim in North Carolina?

If you believe someone else’s negligence played a direct role in the untimely death of someone you love, you may have the right to bring a civil claim against that party. Civil claims for wrongful death allow you to name a specific party financially responsible for the expenses and losses tied to your loved one’s death.

Before you can file your claim or request compensation from relevant insurance companies, you need to prove that you have the right to legal action. You can do this by meeting North Carolina’s burden of proof. 

This requires you to present evidence showing negligence, which involves proving that:

• Someone else owed your loved one a duty of care at the time of a fatal accident.
• That person violated that duty of care, resulting in your loved one’s passing.
• You and your family suffered economic losses as a result of that fatal accident.

When Should You Contact a Cary Wrongful Death Lawyer?

It’s hard to convince yourself that the legalities of a loved one’s death are the most important aspects of your grieving process. Unfortunately, if you don’t address those legalities shortly after a loved one’s wrongful passing, you may lose the opportunity to do so.

Fortunately, you don’t necessarily have to go to trial over a loved one’s wrongful passing. An experienced attorney can help you communicate with insurance companies, preventing insurers from minimizing your losses and preserving your right to reasonable financial support.

If you want to take a loved one’s wrongful death case to civil trial, our early involvement will allow us to secure the evidence most relevant to your recovery. We can also speak to a liable party on your behalf, negotiating a settlement that acknowledges your losses while keeping communications civil.

Can You Open a Criminal Investigation After a Loved One’s Fatal Accident?

Yes, you can reach out to local police officers and report the deadly negligence that resulted in your loved one’s death. Officers may open an investigation into your loved one’s death and arrest the person responsible for their fatal accident.

That investigation may result in a criminal trial. At that point, a liable party may be convicted of vehicular manslaughter, murder, or similar crimes.

Our wrongful death lawyers in Cary are not involved in the criminal process. However, a criminal investigation into your loved one’s accident can have a positive impact on a civil case, should you choose to pursue one. A criminal conviction can serve as powerful evidence of negligence if submitted alongside a personal injury claim.

Cary Wrongful Death Lawyer Near Me (800) 785-5000

Can North Carolina’s Personal Injury Statute of Limitations Impact Wrongful Death Claims?

The state statute of limitations, as outlined in N.C. Stat. § 1-53(4), states that a family’s personal injury claim must be filed within two years of the death or even sooner if the deceased person suffered from injuries sustained some time before death. You cannot miss your filing deadline, or else North Carolina’s civil courts may not award you the damages you deserve.

Working with a legal representative makes it easier to stay on top of deadlines like these without compromising your family’s right to private grief. Our team can take responsibility for building and filing your claim while you prioritize healing and remembering the person you lost.

You can discuss our specific timeline for building your case during a free wrongful death consultation with our team members.

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 funeral and burial expenses. The award could also provide compensation for pain and suffering endured by the deceased person prior to death.

Our Cary wrongful death attorneys can account for your loved one’s unique circumstances and ensure that insurance disputes and personal injury claims address the individual losses your loved one endured.

A Personal Injury Claim Can Account for Family Losses

Damages also provide compensation to family members for their losses. Amounts may be awarded to cover the loss of financial support and lost income. We also advocate for your right to damages based on 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. Thus, 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.

You Don’t Have to Accept Insurance Company Settlements After a Fatal Accident

If an insurer or affiliated party reaches out to you and offers you financial support in the wake of a loved one’s passing, you are under no obligation to accept it. In fact, you should probably wait to accept any settlements until you’ve assessed the full financial impact.

If an insurer attempts to pressure you into accepting a settlement, let a wrongful death attorney in Cary, NC, know right away. We can step in, hold insurers accountable for their bad-faith tactics, and make sure any settlement offers you do receive acknowledge the full breadth of your expenses.

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. For instance, a doctor must provide reasonable care to their patients. When a doctor provides care that does not meet the standard and death is the result, that doctor may be held liable.

Finding Evidence of Wrongful and Fatal Misconduct

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.

Our professional investigators can bring together many types of evidence to make a case on your behalf, including: 

• Witness statements
• Electronic data
• Photos
• Video footage
• Police reports
• Medical records 

We will keep you in the know as your loved one’s case develops, but we’ll also take pains to give your family the space you need to grieve.

We Offer Legal Representation on a Contingency Fee Basis

You don’t have to worry about legal expenses when you start building a wrongful death case with Whitley Law Firm. Our wrongful death lawyers in Cary, NC, do not ask for a deposit or retainer before taking your case and will not send you bills while your case is in progress. Our contingency fee agreement only sees us get paid once we secure a settlement for you.

You can discuss the logistics of our contingency agreements during a free, no-obligation case evaluation with our team. You can use that consultation to outline your long-term recovery goals and ensure that our team will offer you the representation you need to see those goals met.

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. Your lawyer will answer every question you pose and can give you their unbiased professional perspective on your case.

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. To learn about your options and how the limits apply in your situation, contact a wrongful death attorney in Cary, NC.

Whitley Law Firm offers grieving families free wrongful death case consultations. Learn about what makes us unique and why we are the right firm to help you.