Greenville Wrongful Death Case Process
A wrongful death is any type of claim or case where the death is caused by the negligence of another, of a business, or of any kind of professional device. Wrongful death claims in Greenville differ from that of other personal injury cases in that there is a different statute of limitations. A wrongful death case must be brought within two years of the date of the death. The case has to be investigated quickly as to whether or not a lawsuit needs to be filed for preserving the statute of limitations. The case must be thoroughly investigated and experts must be retained to establish faults and damages.
The case process of a wrongful death in Greenville can be complicated because of the high emotional component, as the family has suffered the loss of a loved one. As such, it is important to have a compassionate wrongful death attorney involved in a case as soon as possible. Because the families have experienced trauma, it is important that the attorney handling the case can help a grieving family understand the process of the case while they recoup.
The most common causes of wrongful death in Greenville would be the result of an automobile wreck and a workplace injury that results in death, often seen in construction sites in North Carolina. The process of investigating a wrongful death case in Greenville will depend on the particularities of the case. For example, in an automobile accident case, it would need to be investigated by engineers, accident reconstructionists, witnesses, and investigators speaking to the police officers. If it is a workplace injury case, the scene usually needs to be secured and investigated with pictures taken and witnesses interviewed. A lot depends on the type of case and how the death occurred.
Length of a Case
The length of the wrongful death case process in Greenville will depend on the insurance company handling the case. If liability is clear, if it is clear about whose fault it is, the insurance company may be willing to step up and take the claim in a reasonable amount of time rather than dragging it out through a lawsuit. Alternatively, if the insurance company takes a hard line, cases can take longer based on the litigation process.
If the case goes into litigation, it could take up to two years before resolution and that is assuming there is no appeal to any decisions made if it went to court. A wrongful death case in Greenville is completed when the estate is closed. If there has been a recovery for the estate, the estate would be closed once that recovery has been deposited.
Most Greenville wrongful death cases, like most cases, are settled prior to a trial. A majority of legal cases are settled for alternative dispute resolutions versus having to go through a trial. One of the benefits of settling a wrongful death case out of court would be closure for the families. Often, having to re-live events surrounding the death in a public forum, such as trial, may be more detrimental than before when dealing with the claims of settlement. The downside is that sometimes it is not possible to obtain the full value of the case through settlements. Sometimes it may take a trial and jury verdict to have the responsible party pay the full value of the case.
A wrongful death case in Greenville starts the moment the individual passes away. At that point, the statute of limitation starts ticking. How the case will proceed will depend on the cause of death, as it may involve investigations, and it could drive any length of time on the case.
An attorney gets involved as soon as the estate, through the administrator or the executor, decides to hire an attorney. The sooner the attorney gets involved, the better. If it is a truck accident, for example, it is important to make sure that the witnesses are interviewed and the scene is investigated prior to moving the vehicle.