No one anticipates needing to file a wrongful death claim. Wrongful deaths are almost always shocking and unexpected. With that said, if a person’s loved one passes away due to the negligence of another individual or entity, contact a Durham wrongful death lawyer to take legal action and hold the negligent party accountable.
The Whitley Law Firm has more than 120 years of combined legal experience on our team. Let us help you deal with your legal matters while you and your loved ones take care of each other during this difficult time in your lives. Schedule an initial consultation with a Durham personal injury lawyer from our team.
What Is a Wrongful Death in North Carolina?
In North Carolina, a wrongful death happens as a result of an intentional, negligent, or harmful act. In a wrongful death lawsuit, you can hold an individual or business liable for the loss of a family member. Durham lawyers representing clients in death cases include:
- Durham car accident lawyers: An auto accident can be fatal. If a family member dies in a car accident, work with a lawyer who will help you request compensation from an at-fault motorist and any other liable parties.
- Durham motorcycle accident lawyers: Your loved one loses their life in a motorcycle accident caused by a negligent motorist. Have a lawyer file a lawsuit on your behalf, and you can seek justice and compensation from this driver.
- Durham truck accident lawyers: If a truck driver is responsible for an accident in which your family member dies, ask a wrongful death lawyer serving Durham to assist. Together, you and your lawyer can pursue damages from the at-fault trucker, their employer, or both.
- Durham pedestrian accident lawyers: It is devastating to lose a loved one in a pedestrian accident. A lawyer understands this, and they will provide the legal services and support you need as you and your surviving family members figure out what to do from here.
- Durham product liability lawyers: Unfortunately, a defective product can cause fatalities. If a family member dies after they use a faulty product, you could seek damages from the manufacturer or other at-fault parties through a lawsuit.
- Durham nursing home abuse lawyers: Sadly, nursing home staff can abuse residents, causing fatal injuries. A Durham wrongful death attorney will not tolerate such issues, and they will work diligently to help you in your case against a negligent nursing home.
The team at the Whitley Law Firm understands how your wrongful death case affects you and your family. Our North Carolina lawyers give your case the attention it deserves and fight to obtain compensation for your losses. Request a consultation with our team.
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Contact Us Today For a FREE Confidential Case Review (800)785-5000Damages You Can Recover in a Durham Wrongful Death Lawsuit
A judge or jury can provide economic and non–economic compensation in wrongful death lawsuits. Your lawyer will explain what types of damages are compensable in a wrongful death claim. Reasons you could recover damages include:
Funeral Expenses
You plan a funeral to honor your late family member. In this case, tell a wrongful death attorney serving Durham about your funeral costs. Your lawyer will account for these as they calculate your damages.
Medical Expenses
If your late family member has outstanding medical bills, you could be held responsible for them. In this situation, you have legal options. A lawyer can review receipts relating to costs of medical devices and similar expenses and include them in your lawsuit.
Loss of Income
The loss of income and other financial losses you and your surviving family members could incur due to your loved one’s death can be significant. Your lawyer evaluates pay stubs and other financial information. They will commit time and resources to find ways to get money for current and future lost wages from any responsible parties.
Pain and Suffering
You and your surviving family members could experience pain and suffering for a long time. As part of the legal process, your lawyer will ask questions about these issues. By learning about your pain and suffering, your attorney can request the most damages possible on your behalf.
North Carolina allows plaintiffs in wrongful death cases to recover these and punitive damages. A judge or jury will award punitive damages to deter a defendant from committing egregious conduct in the future. This type of compensation is capped at three times the compensatory damages or $250,000, whichever amount is greater.
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Who Can File a North Carolina Wrongful Death Lawsuit?
A personal representative of a deceased person (decedent) is eligible to sue on the grounds of a wrongful death. This is often an estate executor or administrator named in a decedent’s will. Plaintiffs in wrongful death lawsuits can include a decedent’s:
- Spouse
- Child
- Parent
- Grandparent
If you want to get compensation for burial expenses, loss of companionship, or other losses relating to a wrongful death, submit your request right away. North Carolina has a statute of limitations of two years for wrongful death lawsuits. After this window closes, you will be ineligible to seek compensation from any at-fault parties.
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A fatal accident has long-lasting ramifications for you and your family. As you deal with the aftermath of this accident, legal help is available. A Durham personal injury attorney can teach you about the different types of compensation you can recover and pursue your case to the fullest extent.
The team at the Whitley Law Firm is empathetic and compassionate. If you are unsure of what to do as you cope with the loss of your loved one, we are here to help you in any way we can. Contact us today for more information.
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