Greenville Wrongful Death Lawyer

Losing a loved one is a tragic experience under any circumstance. When a loved one dies unexpectedly, the surviving family members not only have to face the intense emotional pain but also often have to deal with financial consequences. If another person’s negligence caused the death, a wrongful death lawyer in Greenville can help you recover.

Whitley Law Firm has 120 years of combined legal experience protecting the rights of injury victims and their families. If you are considering filing a wrongful death claim, contact a Greenville personal injury lawyer from our team, who can explain your options and guide you through the process.

What Is a Wrongful Death?

In North Carolina, wrongful death is defined under N.C. General Statutes § 28A-18-2. A wrongful death occurs when a person’s death is caused by the wrongful act, neglect, or default of another party, and the circumstances are such that the deceased could have pursued a personal injury claim if they had survived.

Do You Have a Wrongful Death Claim?

Losing a loved one is devastating, especially when someone else’s negligence or wrongdoing causes their death. In such cases, a wrongful death claim may be filed. However, not every death qualifies for damages.

To determine if you have a wrongful death claim in North Carolina, certain criteria must be met:

• The wrongful act, negligence, or misconduct of another party caused the death
• The deceased could have filed a personal injury claim if they had survived. 
• Surviving family members are experiencing financial losses as a result of the death.

An example of a fatal car accident that could lead to a valid wrongful death claim is a drunk driving incident. If a victim died in a fatal car accident caused by an intoxicated driver who fell asleep at the wheel, it is likely a valid Greenville car accident wrongful death claim.

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

Who Can File a Wrongful Death Case in North Carolina?

In North Carolina, only the personal representative or executor of the deceased person’s estate is legally authorized to file a wrongful death lawsuit. This individual is usually designated in the deceased’s will or appointed by the court if there is no will. Family members cannot directly file the lawsuit unless they have been appointed as the estate’s personal representative.

The personal representative acts on behalf of the estate and the deceased’s surviving family members, such as a spouse, children, or other dependents, to pursue damages. Although the representative files the lawsuit, any compensation awarded typically benefits the deceased’s heirs, following North Carolina’s intestate succession laws.

What Types of Compensation Are Available?

When dealing with the trauma of a loved one’s wrongful death, surviving family members are often unaware of how the legal system can help them. North Carolina state law protects immediate family members’ right to seek compensation for a wrongful death. This compensation helps grieving families through a difficult financial period caused by the wrongful death.

Types of damages in wrongful death cases include:

• End-of-life medical bills
• Funeral costs
• Pain and suffering
• Loss of companionship
• Future financial losses

Pursuing a legal claim is a complex process, so seek legal support. A lawyer can compassionately guide you through Greenville’s wrongful death case process.

How to Identify the At-Fault Party in a Wrongful Death Case?

To establish fault, you must demonstrate that the party’s negligence, wrongful act, or misconduct directly led to the death of your loved one. This typically involves gathering evidence such as accident reports, medical records, witness statements, or expert testimony.

For example, in a car accident case, the driver who violated traffic laws may be at fault, while in a medical malpractice case, a healthcare provider’s error or negligence could be the cause. The specific circumstances of the death will determine who can be held accountable, whether it’s an individual, company, manufacturer, or another entity.

Proving Negligence in a Wrongful Death Claim

Negligence refers to the failure of a person or entity to exercise the level of care that a reasonable person would have in similar circumstances, resulting in the death of another. This is the foundation of many wrongful death claims, as it shows that the death could have been prevented if the responsible party had acted appropriately.

Your Greenville wrongful death attorney will focus on the following key elements to prove negligence:

• Duty of care: The defendant owed the deceased a legal duty of care; they were required to act in a manner that reasonably prevented harm to others. For example, drivers must follow traffic laws, and doctors should provide competent medical care.
• Breach of duty: The defendant acted in a way that a reasonable person would not have under similar circumstances or that they failed to take necessary action to avoid harm. For instance, if a driver was speeding or a doctor misdiagnosed a condition, these actions may qualify as breaches of duty.
• Causation: There is a direct link between the breach of duty and the death of your loved one. It’s not enough to show that the defendant was negligent; it must be shown that their actions specifically resulted in the victim’s death.
• Damages: The death caused measurable damages to the victim’s family and estate.

Proving negligence in a wrongful death case establishes legal liability for the death, enabling the victim’s family to seek justice and compensation. To hold someone responsible for the wrongful death, the court requires evidence that their actions (or failure to act) directly caused the fatality.

Legal Guidance After the Wrongful Death of a Minor

The death of a child is a tragedy that no parent should experience. If they die in a preventable accident, grief can be overwhelmed by a profound sense of injustice. As experienced wrongful death attorneys in Greenville, we have seen the many faces of grief. Our lawyers offer compassionate support during this difficult time.

While no amount of money can fill the void left by a child’s death, it can help you and your family have a financially secure future. Also, Whitley Law Firm will help protect the memory of your child by fighting for justice and holding the at-fault party accountable.

North Carolina’s Statute of Limitations for Wrongful Death Cases

In North Carolina, the statute of limitations for filing a wrongful death lawsuit is generally two years from the date of the deceased person’s death. This means that the personal representative of the estate must initiate the lawsuit within that time frame; otherwise, the claim may be barred, and the right to seek compensation could be lost.

Time is of the essence in wrongful death claims. Evidence can get lost or damaged, and witnesses may forget important details. If you call us immediately after the tragic incident, we can collect and preserve fresh evidence. The sooner you call us, the more time we have to work on your claim.

Compassionate Legal Support After a Tragedy

There is no single cause of wrongful death. Someone’s negligence or intentionally dangerous behavior can lead to another’s death in many ways. Throughout our practice, we have seen the many ways in which negligence claims innocent lives.

In addition to Greenville wrongful death lawyers, we also serve as:

• Construction accident lawyers
• Workplace injury lawyers
• Bicycle accident lawyers
• Motorcycle accident lawyers
• Bus accident lawyers
• Truck accident lawyers
• Car accident lawyers

Even if your loved one died in a different type of accident, call us, as we might be able to help. Over the years, we have developed a flexible approach to wrongful death cases. We will create a legal strategy that is tailored to your unique situation.

Call a Wrongful Death Attorney in Greenville Today

The burden of losing a loved one is both emotional and financial. It can be quite difficult to deal with the financial consequences of a loved one’s death while also coping with the tragedy. Whitley Law Firm will listen to your experience and build a strong case on your behalf.

If you have lost a loved one to wrongful death, contact our Greenville wrongful death attorneys today. They will explain your options and do their best to help your family get the compensation you may be owed.