Greenville Wrongful Death Lawyer

A family member dies unexpectedly, and you have to face the emotional pain and financial consequences of your loss. If someone was negligent and caused your loved one’s death, connect with a Greenville wrongful death lawyer. They can help you hold a liable party accountable for their actions and recover compensation from them. 

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

What is a Wrongful Death Claim?

A wrongful death is defined under North Carolina General Statutes (G.S.) § 28A-18-2. It occurs when a person dies as a result of a wrongful act, neglect, or default of another party. Criteria for filing a wrongful death claim on behalf of a deceased person (decedent) include: 

• You are experiencing financial losses as a result of a person’s death.
• The decedent could have filed a personal injury claim if they had survived. 
• A party’s wrongful act, negligence, or misconduct led to this individual’s death. 

At Whitley Law Firm, we understand the challenges associated with wrongful death claims. Our personal injury lawyers treat you like family and help you address these challenges. Discuss your case with a Greenville wrongful death attorney from our team. 

Types of Legal Representation Available for a Greenville Wrongful Death Lawsuit

As you search for a wrongful death lawyer serving Greenville, hire an attorney who has relevant case experience. Your attorney can explain if wrongful death settlements are taxed and other legal topics relating to your case. Lawyers who represent clients in wrongful death claims include:

• Greenville car accident lawyers: Partner with an attorney who can help you prove that a liable motorist or another at-fault party should be required to pay damages. 
• Greenville truck accident lawyers: Get help from an attorney who understands hours of service (HOS) regulations and other state and federal laws and how they apply to your case. 
• Greenville motorcycle accident lawyers: Give an attorney information about your loved one’s fatal motorcycle collision, and they can help you secure compensation from anyone who caused this incident.   
• Greenville pedestrian accident lawyers: Share details about your case with an attorney, and they can explain how you could get compensation for medical bills, loss of companionship, funeral and burial expenses, and other losses due to your loved one’s fatal pedestrian accident.  
• Greenville bus accident lawyers: Allow an attorney to represent you and your family as you seek damages from a bus company, driver, or anyone else responsible for your loved one’s fatal crash.  
• Greenville bicycle accident lawyers: Ask an attorney to review your case, and they can tell you if you have grounds for filing a wrongful death lawsuit against a motorist or other parties liable for your loved one’s fatal bike accident.  
• Greenville premises liability lawyers: Trust an attorney to help you receive fair compensation from a property owner, landlord, or anyone else who chose not to address hazards that contributed to your loved one’s death. 
• Greenville product liability lawyers: Choose an attorney who can help you prove that a defective product caused your loved one to suffer a fatal injury and that the manufacturer or seller should be held liable for their actions. 

Per G.S. § 1-53, you have two years from the date of a person’s death to submit a wrongful death claim. A wrongful death attorney serving Greenville can determine your eligibility for requesting compensation. If you qualify, the party liable for someone else’s death or their insurance company could compensate you for your losses. 

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

Who Can File a Wrongful Death Claim?

In North Carolina, a personal representative of a decedent’s estate is legally authorized to file a wrongful death claim. This individual is usually designated in a decedent’s will. If no will is in place, the court can designate a personal representative. 

If you are a family member of a decedent and have been named a personal representative of their estate, you are eligible to submit a wrongful death lawsuit. You have the authority to pursue damages from anyone responsible for your loved one’s death. 

A Greenville, NC wrongful death lawyer can teach you about the claims process. There are times when you could get compensation from a liable party’s insurer. Alternatively, your attorney could recommend seeking economic and non-economic damages through a lawsuit. 

Types of Compensation Available in a Wrongful Death Case

You are dealing with the aftermath of your loved one’s death, and pursuing compensation is unlikely to be a consideration. North Carolina laws protect family members who want to recover compensation from anyone liable for their loved one’s death.

In terms of the types of damages in Greenville wrongful death cases, compensation you could receive includes:

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

The claims process can be long, arduous, and emotionally taxing. As such, it helps to have an experienced Greenville, NC wrongful death attorney on your side. Your lawyer is compassionate and empathetic as they guide you through Greenville’s wrongful death case process.

Evidence You Can Use in a Wrongful Death Case

A wrongful death lawyer serving Greenville, NC can identify the responsible party and describe the steps to take a wrongful death action against them. To establish fault, you must demonstrate that this party’s negligence, wrongful act, or misconduct led to your loved one’s death.

Your attorney can use evidence to support your case, including:

• Accident scene videos and photos
• Medical records
• Witness statements
• Police report
• Pay stubs
• Expert testimony

The circumstances of your loved one’s death will determine who can be held accountable and how much you can recover in compensation. Your attorney prepares an argument designed to show a judge or jury that you deserve financial compensation. During your litigation, they focus on proving that a liable party was negligent and that you should be compensated accordingly. 

How to Prove Negligence

Negligence refers to a failure to exercise a level of care that a reasonable person would have in similar circumstances. This is the foundation of many wrongful death claims—because if a party had acted appropriately, a death could have been avoided. In your case, your wrongful death lawyer serving Greenville, NC will focus on these elements to prove negligence:

Duty of Care

A party owes a legal duty of care if they are required to avoid committing careless or reckless acts that could cause people to get hurt or killed. For example, drivers must follow traffic laws, and doctors should provide competent medical care. 

Breach of Duty of Care

This party acted in a way that put others in danger. For instance, a driver travels above the posted speed limit, violating their duty of care to other motorists and pedestrians. Or a doctor chooses not to perform sufficient testing and misdiagnoses a patient, which represents a violation of their duty of care to this individual. 

Causation 

To show causation in your case, you must illustrate that there is a direct link between the party’s breach of a duty of care and your loved one’s death. Along with this, you must prove that this party’s actions resulted in the victim’s death. 

Damages

With negligence, you must verify that you are dealing with losses relating to your loved one’s death. You can request compensation for medical expenses, funeral expenses, and other quantifiable and subjective losses. In rare instances, a judge or jury could provide you with punitive damages to deter a liable party from committing negligent acts in the future. 

Proving negligence in cases involving fatal accidents can be challenging. A wrongful death attorney serving Greenville, NC helps you take the appropriate legal actions. They can build a case that makes it clear a deceased person was not responsible for their death and that you should receive compensation due to the actions of any liable parties.  

How Contributory Negligence Applies to Your Case

North Carolina has a contributory negligence statute that can impact the damages you receive. A deceased person could be partially liable for their death. In this scenario, members of a deceased person’s family who seek compensation on their behalf cannot recover compensation.

Consider what can happen if your late family member is partly liable for their fatal auto accident. Even if the other driver was speeding or committing other acts that could be considered negligent, your loved one shares responsibility for the incident. This means you are ineligible to request compensation from the other motorist involved in your loved one’s crash. 

Your lawyer can explain the burden of proof and its importance to your case. If you have an abundance of evidence, it becomes difficult for a liable party or their insurer to contest your compensation request. On top of that, your proof could compel an at-fault party or their insurance company to offer a fair settlement. 

Our Greenville Wrongful Death Lawyers Look Out for You and Your Family

The legal process is a lot to consider, particularly for those who are mourning a family member’s death. If your loved one’s death is the result of someone else’s negligent acts, request legal help.

Greenville wrongful death attorneys can evaluate your case and help you decide if now is the right time to ask for compensation from any liable parties. 

Whitley Law Firm offers legal advice and guidance to you and your family. We will listen to you, explain your legal options, and support you and your loved ones in any way we can. Schedule a free initial consultation with us.