Losing a loved one is always devastating. When it happens in a car accident due to the negligent actions of another motorist, it can be especially overwhelming. It is understandable if you have a lot of questions, and no one could blame you if you are more than a little angry.
When a negligent driver brings such hardship into your life, you have the legal right to seek justice. Our fatal car accident lawyers in Jacksonville can help. We can work to hold the at-fault driver accountable for damages to you, your family, and your lost loved one.
Our team at Whitley Law Firm has over 120 years of combined legal experience. We know how to support injured accident victims and their families. Call now to schedule your free consultation and find out how our Jacksonville car accident lawyers can assist you with your claim.
What Claims Can You File After a Fatal Car Accident?
When you lose a loved one in a fatal car crash, you have several options. Depending on the circumstances, the at-fault driver might face criminal charges. You may also hold them accountable in civil court. You could file a wrongful death claim, a survival action, or both.
What Is a Wrongful Death Claim?
A wrongful death is when a person dies because of the negligent, reckless, or criminal actions of another party. The focus is on the harm suffered by beneficiaries, including financial losses and the emotional impact of losing a loved one.
What Is a Survival Action?
A survival action is a civil claim that allows a deceased person’s estate to pursue compensation for losses the person suffered before death. Unlike a wrongful death claim, a survival action focuses on the harm experienced by the deceased, not the surviving family.
Our Jacksonville personal injury lawyers will review the accident and determine what happened and who is responsible. Our team can offer advice and guidance on the best approach to your claim.
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Contact Us Today For a FREE Confidential Case Review (800) 785-5000Who Can File a Wrongful Death Lawsuit in North Carolina?
In North Carolina, the representative of the deceased’s estate can file a wrongful death lawsuit. The personal representative is usually named in the will or appointed by the court if there is no will.
Although the representative files the claim, any compensation recovered is distributed to eligible beneficiaries under North Carolina intestacy laws. These often apply to:
- Surviving spouse
- Children
- Parents
- Other relatives, if none of the above exist
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What Are Damages in a Fatal Car Accident Case?
Damages your family can recover from a North Carolina fatal car accident wrongful death case may include both economic and non-economic losses.
Our fatal car accident attorneys in Jacksonville will review your family’s hardships and determine maximum compensation.
Economic Damages
Economic damages in a fatal car accident are the monetary costs your loved one or your family incurred due to the accident. This can include:
- Medical costs, if your loved one required hospitalization or procedures before they passed away.
- Funeral and burial costs
- Lost income and other benefits, as well as the loss of future financial support.
Non-Economic Damages
In some cases, you may recover non-economic damages, or compensation for losses not directly tied to a dollar amount, for the loss of a loved one in a car accident. This can include loss of companionship, guidance, comfort, and services the deceased provided.
In rare cases, your family may recover punitive damages. These aren’t meant to compensate for losses, but to punish the defendant for especially egregious or illegal behaviors. Our legal team can advise you if these could apply to your fatal car accident case.
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Contact Us Today For a FREE Confidential Case Review (800) 785-5000How Long Do You Have to File a Wrongful Death Claim?
In North Carolina, the statute of limitations for filing a wrongful death lawsuit is typically two years from the date of death, according to G.S. § 1-53. Failure to file a claim during this time period can mean losing your legal rights.
Our Jacksonville fatal car accident lawyers can keep your claim on track and prevent you from making common mistakes like missing important deadlines. We’ll deal with the insurance company on your behalf and seek the compensation your family deserves.
We are committed to the highest quality client service and one-on-one attention.
Contact Us Today For a FREE Confidential Case Review (800) 785-5000Contact Our Fatal Car Accident Attorneys in Jacksonville
The loss of a loved one is always a stressful and confusing time, especially if they are taken from you suddenly in a car accident. You can seek damages on behalf of your family and the lost loved one when the accident happened because of the actions of a negligent motorist.
It’s hard to imagine insurance companies would stand in the way of resolving your claim when their client is clearly at fault, but it happens. Our fatal car accident attorneys in Jacksonville will take on insurers and seek the compensation you and your family deserve.
Since 1974, Whitley Law Firm has been here to provide innovative and compassionate advocacy for North Carolina accident victims and their families. Let our family help yours.
Call today to schedule your free consultation and tell us what happened.
Learn about what makes us unique and why we are the right firm to help you.
Contact Us Today For a FREE Confidential Case Review (800) 785-5000