Metal-on-Metal Hip Replacements and Wrongful Death
A wrongful death is where someone dies as a result of the negligence of someone else or something else, such as a metal-on-metal hip replacement. As a person’s loved ones pursue a wrongful death claim, though, a Raleigh metal hip replacement lawyer can lend a helping hand. An attorney can serve as a support system throughout the case, and can use their experience and knowledge to push for the compensation deserved.
For example, there are usually more strict time limitations that apply when filing a wrongful death claim, which an attorney can help work within these limitations. It is important to get started as quickly as possible, and to have as much evidence as possible in order to prove the claim.
Reasons Behind a Wrongful Death Case
When someone has a severe enough injury, metallosis, or resulting revision surgery, it can ultimately lead to death. If the hip implant fails and causes a person to pass away, that is a potential wrongful death claim.
Although no amount of compensation will lighten the loss of a loved one, it will help those left behind in the future. If the decedent had children, a spouse, or elderly parents, they can be taken care of in spite of this loss of life.
Bringing a Lawsuit
In a wrongful death lawsuit, the only person who has the ability to carry on a lawsuit is the executor or administrator of the deceased’s estate. When someone dies with a will, they name an executor to administer their estate, meaning if the decedent owned a house, had bank accounts, vehicles, and/or assets, the executor is responsible for disposing all of those assets in a proper manner and distributing them to the heirs accordingly. When someone dies without a will, however, the closest family member who is most fit may serve as administrator.
To have a strong metal-on-metal hip replacement wrongful death claim, there must be evidence that the hip implant failed, or evidence that the person died due to the injuries they sustained from the hip replacement or from undergoing a revision surgery.
Statute of Limitations
A statute of limitations is the maximum time allowed after an event in which you must file a lawsuit or assert your claim or the lawsuit can be barred forever. In North Carolina, the statute of limitations is two years from the date of death, and there is no way to extend it.
There are a handful of states in the country that have a discovery rule that applies to wrongful death cases. This allows the administrator or executor to bring a lawsuit years after someone died if it can be proven that he or she only discovered the cause of the harm or the cause of the death much further down the road. Usually, in North Carolina, it is two years from the date of death.
It is very important to contact an attorney as soon as possible because the investigation of a wrongful death claim is a more nuanced and time consuming than pursuing an injury claim.