Wrongful Death Lawyer in New Bern

The sudden loss of a loved one can be heartbreaking, especially when it could’ve been prevented. If you’ve lost a relative due to someone else’s actions, a New Bern personal injury lawyer can help you seek justice.

Not only does the loss of a loved one leave an emotional void, but it often leads to financial hardship for surviving family members. Medical bills, funeral costs, and the loss of the deceased’s income can overwhelm even the most prepared families.

The team at Whitley Law Firm has over 120 years of combined experience. If you’ve lost a family member due to someone else’s negligence, a wrongful death lawyer in New Bern can help you file a claim and pursue compensation.

Why Hire a New Bern Wrongful Death Lawyer?

If you’ve lost a loved one, a lawyer can:

• Investigate the incident: A lawyer can gather evidence, interview witnesses, and collaborate with experts to build a strong case.
• Negotiate a settlement: A lawyer can negotiate with insurance companies to secure a settlement that accounts for all of your losses.
• Represent you in court: If a settlement cannot be reached, an attorney can advocate for you and your family in court.
• Provide guidance: A lawyer can guide you through the legal process and explain your options at every step.

A New Bern wrongful death lawyer can serve as your family’s advocate throughout the claims process.

How Much Does a Wrongful Death Lawyer Cost?

Most wrongful death lawyers, including those at Whitley Law Firm, operate on a contingency fee basis, meaning your attorney only gets paid if you win your case. Their fee will be a prearranged percentage of your settlement or court award, which you can discuss at your consultation.

New Bern Wrongful Death Lawyer Near Me (800) 785-5000

What is the Average Wrongful Death Settlement in NC?

Settlements for this kind of case can range from tens of thousands to millions of dollars. Factors that will determine the value of your claim include:

• The financial losses you’ve incurred, including medical expenses and funeral costs
• The deceased’s age, health, and earning potential
• The circumstances of the incident

A New Bern wrongful death attorney can help you secure the maximum possible settlement.

Is There a Cap on Wrongful Death Settlements?

North Carolina does not impose a cap on compensatory damages in this type of case. However, punitive damages are capped at either three times the amount of compensatory damages or $250,000 (whichever is greater).

Who Pays Wrongful Death Settlements?

Wrongful death settlements are typically paid by the liable party’s insurance provider. If the defendant’s coverage is insufficient, they may be personally responsible for paying part of the settlement.

What Type of Insurance Covers Wrongful Death?

Various types of insurance can cover wrongful death claims, depending on the circumstances. These may include auto insurance, medical malpractice insurance, homeowner’s insurance, or product liability insurance.

How is the Money Split in a Wrongful Death Lawsuit?

In North Carolina, wrongful death settlements are distributed in accordance with the state’s intestacy laws, which prioritize immediate family members. Surviving spouses and children are typically the primary beneficiaries, followed by parents if there are no immediate heirs.

In rare cases, extended relatives such as siblings may be eligible for compensation.

Types of Damages Available

If you file this kind of claim in North Carolina, you may be eligible for numerous damages, including:

• Medical expenses: You can recover costs associated with the deceased’s medical treatment before their passing.
• Funeral and burial expenses: You can seek compensation for the costs of funeral and burial services.
• Lost income and benefits: You can claim damages for the income and benefits the deceased would have provided.
• Pain and suffering: You can obtain compensation for the physical pain and emotional distress the deceased endured before their death.
• Loss of companionship: You can be compensated for the loss of love, care, and companionship experienced by surviving family members.
• Punitive damages: In cases involving extreme negligence or intentional harm, you can pursue punitive damages to hold the wrongdoer accountable.

A New Bern personal injury attorney can calculate your damages and make sure your settlement covers them.

Who Can Bring a Wrongful Death Claim in North Carolina?

Under North Carolina law, only the personal representative of the deceased’s estate can file this type of claim. If no representative is appointed in the deceased’s will, the court may designate one (typically a close family member).

How Do You File a Wrongful Death Claim?

To file this kind of claim, you must follow these steps:

1. Appoint a personal representative: Confirm the estate’s representative.
2. Gather evidence: Collect medical records, accident reports, and witness statements.
3. File a complaint: Submit the claim to the appropriate court.
4. Negotiate or litigate: Discuss a settlement and, if necessary, proceed to trial.

A personal injury lawyer in New Bern can guide you through this process.

What is the Statute of Limitations for Wrongful Death Claims in North Carolina?

The statute of limitations for filing this type of claim in North Carolina is two years from the date of the death. If you miss this deadline, you may forfeit your right to pursue compensation.

A personal injury attorney in New Bern can help you file your claim promptly.

What are the Odds of Winning a Wrongful Death Lawsuit?

Your odds of winning this kind of lawsuit will depend on:

• The strength of your evidence
• The credibility of available witnesses
• Your lawyer’s experience

While no attorney can guarantee a win, an experienced lawyer can significantly improve your chances of success.

How Do You Win a Wrongful Death Lawsuit?

To win this kind of lawsuit, you must:

• Prove negligence by showing that the defendant owed a duty of care and breached it.
• Establish causation by demonstrating that the breach directly caused the death.
• Document damages by providing evidence of financial and emotional losses.

An attorney can gather evidence and help you build a winning case.

Common Types of Evidence in a Wrongful Death Case

Some of the most common types of evidence in this kind of case include:

• Medical records
• Accident reports
• Witness statements
• Photographs or videos
• Expert testimony
• Financial documents

A lawyer can help gather evidence that supports your claim.

What is a Good Settlement Offer?

In this type of case, a good settlement offer accounts for all of your family’s losses. In other words, it covers medical expenses, funeral costs, lost income, and non-economic damages such as pain and suffering or loss of companionship.

A reasonable offer should also take into account the long-term financial impact of the death on your family. An attorney can help you evaluate whether an offer is fair and, if necessary, pursue a higher amount.

Are Wrongful Death Settlements Taxable?

In most cases, wrongful death settlements are not taxable. The IRS typically exempts compensatory damages for physical injury or illness, which include wrongful death settlements, from taxable income. However, portions of the settlement allocated to punitive damages or interest may be taxable.

What Happens if You Lose a Wrongful Death Lawsuit?

If you lose this kind of lawsuit, you may not receive any compensation. For this reason, it’s crucial to hire an experienced attorney.

How Long Does a Wrongful Death Settlement Take?

Every case is different. Some conclude within a few months, while others take a few years. Factors that can influence this timeline include the complexity of your case, each party’s willingness to settle, and court schedules.

A lawyer can work to expedite the legal process.

Can a Wrongful Death Settlement Be Garnished?

In most cases, wrongful death settlements cannot be garnished to pay creditors. These funds are typically considered compensation for the family’s loss and are protected under state laws. However, exceptions may apply for specific debts, such as unpaid taxes or child support obligations.

How Does the Wrongful Death Legal Process Work?

The lawsuit process typically involves these steps:

1. Initial consultation: Meet with a lawyer to discuss your case and determine the best course of action.
2. Investigation: Your attorney gathers evidence and consults with experts to build a strong case.
3. Filing the claim: Submit your claim to the appropriate court to formally initiate the lawsuit.
4. Discovery phase: Both sides exchange information, interview witnesses, and collect depositions to strengthen their positions.
5. Negotiations: Attempt to reach a settlement with the defendant’s representatives to avoid trial.
6. Trial (if necessary): If a settlement can’t be reached, your lawyer presents your case in court.

How Often Do Wrongful Death Suits Go to Trial?

The majority of wrongful death cases are resolved through settlements. However, if a fair settlement cannot be reached, the case may proceed to court. Cases involving disputed liability or high-value claims are more likely to go to trial.

Who Can Be Held Liable for Wrongful Death?

Parties who can be held liable in this type of case include:

• Individuals directly responsible for the death
• Employers of negligent employees
• Manufacturers of defective products
• Property owners who fail to address hazards

Is Wrongful Death a Type of Negligence?

Wrongful death is often the result of negligence, but it can also stem from intentional acts or strict liability. Negligence occurs when a party fails to exercise reasonable care, leading to another’s death.

What is North Carolina’s Wrongful Death Law?

North Carolina defines wrongful death as a death caused by another’s wrongful act, neglect, or default. The law allows the deceased’s estate to seek compensation as if the person had survived and filed a personal injury claim.

Is Wrongful Death a Criminal Charge?

Wrongful death is not a criminal charge. Rather, it’s a civil matter. While criminal cases focus on punishing the wrongdoer, a lawsuit seeks monetary compensation for the victim’s family. That said, a single incident can lead to both criminal charges and a lawsuit.

What is the Difference Between Homicide and Wrongful Death?

Homicide refers to the criminal act of causing someone’s death, which is prosecuted by the state and can result in imprisonment. Wrongful death, on the other hand, is a civil claim brought by the deceased’s family or estate to recover financial damages caused by the death.

Common Causes of Wrongful Death

Common causes of wrongful death include:

• Car accidents
• Medical malpractice
• Workplace accidents
• Defective products
• Criminal acts

How Do I Know if I Have a Wrongful Death Lawsuit?

You may have a lawsuit if your loved one’s death was caused by someone else’s negligence, recklessness, or intentional actions. An attorney can help determine whether you have a viable case.

Speak With a Wrongful Death Attorney in New Bern

Losing a loved one due to another’s negligence can be an incredibly painful experience, but you don’t have to pursue justice alone. A New Bern wrongful death attorney from Whitley Law Firm can offer the guidance, support, and advocacy you need to obtain a fair settlement.

Schedule a free consultation today to take the first step toward securing your family’s future.