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Losing a loved one is heartbreaking, no matter the circumstances. But knowing that your loved one’s death could have been prevented can compound your pain exponentially.

If your loved one passed away due to the negligent, reckless, or dangerous conduct of another party, your lawyer can advise as to whether you may have a valid wrongful death claim against the responsible party.

Common Types of Wrongful Death Claims

Wrongful death claims can stem from almost any circumstance that leads to a person’s death. Our firm handles all types of wrongful death cases, including:

  • Medical malpractice
  • Misdiagnoses and delayed diagnoses
  • Defective medical devices
  • Dangerous drugs
  • Surgical errors
  • Pharmaceutical errors
  • Large truck accidents
  • Car crashes
  • Pedestrian and bicycle accidents
  • Hit-and-runs
  • Motorcycle deaths
  • Drunk-driving deaths
  • Vehicular manslaughter
  • Homicide and deadly assaults
  • Domestic and dating violence
  • Child abuse and neglect
  • Nursing home abuse and neglect
  • Wrongful assisted suicide
  • Post traumatic stress deaths
  • Workplace accidents
  • Construction site accidents
  • Product liability
  • Unsafe premises
  • Slips and falls

Wrongful Death Damages

Holding the party who caused your loved one’s death accountable can never make up for the loss you have suffered, and that is certainly not the purpose of a wrongful death claim.

It can, however, help deter the party – whether a hospital, physician, corporation or individual – from engaging in such reckless, negligent, dangerous or harmful conduct again in the future.

For some survivors of wrongful death, standing up for their loved one’s legacy can be empowering and bring about some measure of closure. Our compassionate Kinston wrongful death attorneys are experienced in working with families in all stages of the grieving process.

A wrongful death award can also help ease the hefty financial burden associated with your loved one’s death. You may be dealing with your loved one’s outstanding medical bills, emergency treatment and funeral costs.

Your family may also be suffering the loss of your loved one’s wages and financial support. The loss of your relationship with your loved one extends far into the future and the court may take this into account when determining a financial award.

Punitive Damages in Wrongful Death Claims

In some especially egregious cases, the court may even determine that punitive damages -aimed at punishing the bad actor- are appropriate. North Carolina has enacted certain limits for punitive damages stemming from medical malpractice cases – typically no more than $500,000 for damages not related to monetary loss.

For this reason, if your wrongful death claim is a medical malpractice claim, it is crucial that you work with an experienced Kinston wrongful death lawyer who is familiar with the complexities of these cases.

Contributory Negligence Doctrine

North Carolina is one of only a handful of states that still adheres to the old rule of contributory negligence, which holds that any victim who contributes to his or her own injury in any way may be barred entirely from recovering damages from the other party – even where the other party is 99 percent at-fault.

Parties defending against a wrongful death case often claim that the deceased person contributed to his or her own death in some way. This is one reason why it is so important to have a Kinston wrongful death lawyer on your family’s side who is prepared to combat such allegations.