IVC Filters and Wrongful Death
In North Carolina, a wrongful death claim can occur when someone dies through no fault of their own. A wrongful death claim can include anything from an auto accident to an IVC filter that failed to catch a pulmonary embolism, and which ultimately causes the person to pass away due to the negligence of another. The decedent’s beneficiaries are then able to maintain a wrongful death action on behalf of their loved one who died.
In the circumstance that a loved one passes away due to wrongful death, those left behind are left with an emotional burden. They likely feel overwhelmed by the situation and are not sure what to do next. An experienced Raleigh IVC filter lawyer is able to provide guidance and emotional comfort during this difficult time, and can help ease the hardship but ensuring that the case will be taken care of, and allowing loved ones the time to heal. The attorney will also work diligently to make sure the decedent’s family receives the compensation they deserve, and that the negligence is brought to justice.
What to Expect
When pursuing a wrongful death claim suit, it will probably be a long road. However, it is important to remember that you are representing your loved one’s interest and are pursuing a claim for something that may have caused them to pass away before their time. The administrator or executor of the estate of the person who died has the authority to bring a wrongful death claim.
These mass tort cases can take a long time to conclude, so patience is key. In the meantime, you can expect vigorous representation from your attorney. They will do everything to fight for the memory of your loved ones and for justice of their wrongful death as a result of these IVC filters.
Wrongful Death ClaimsÂ
There are a couple of studies that have been done, starting in 2011, which basically showed filters fracture at a much higher rate after five years. After a few months, the filters have a tendency to tilt or get out of place. These studies provide the epidemiological data that IVC filters are dangerous, can cause harm, and can ultimately cause someone to pass away.
People who have device fracture or device migration have a very severe injury that may lead to death. Therefore, if someone dies as a result of a faulty retrievable IVC filter, it is absolutely worth pursuing a wrongful death claim.
In addition, if someone has passed away as a result of device fracture, device malfunction, or migration, or if someone passes away from a pulmonary embolism and they had one of these retrievable IVC filters, that would make for a strong IVC wrongful death claim.
Statute of Limitations
Different states have different time limitations for filing a wrongful death action. The statute of limitations in North Carolina is two years from the date of death. This means, if someone passes away, the administrator or the executor of their state has two years to file a lawsuit or it will be barred forever.
You want to make sure that you contact someone as soon as possible because the statute of limitations can be an absolute bar to recovery if your claim is not filed in time.
Enlisting a Lawyer’s Help
In North Carolina, the wrongful death statute of limitations, or the time period in which a person has to file their lawsuit or bring their claim, is even shorter than if it is just an injury. If a person has a loved one who has had a wrongful death, it is very important they speak with an attorney immediately because of this limited time-frame.
Before you can attain medical records, file your lawsuit, or really begin any meaningful pursuit of the case, you have to open an estate and have a family member, or someone else, appointed as administrator or executor if there is a will. This process can take some time as well.
