COVID-19: Your safety is our priority. Amidst the COVID-19 outbreak, we are doing our part to keep our clients and team members safe and healthy. The wheels of justice are still moving, but you can stay home while we fight for you. Learn More about the precautions Whitley Law Firm is taking to minimize the spread of COVID-19 and read more about Frequently Asked Questions regarding how the outbreak could affect your case.

The losses suffered by a decedent’s family after a death can reach into every part of their lives. Naturally, the emotional aspect of the death is of primary concern. However, family members also need to consider how they would pay for medical bills and funeral costs, and what impact the death will have on their future finances. In cases where the decedent was a primary earner, this death can devastate a family.

A Wilson wrongful death lawyer may be able to help families to obtain justice for the loss of a loved one. An experienced attorney could work to determine if a wrongful death lawsuit is appropriate and to take all necessary steps to protect the legal rights of surviving family members.

When to Present a Wrongful Death Lawsuit

A wrongful death lawsuit could be brought forth if a defendant acted in such a way that would have permitted the victim to bring a personal injury lawsuit had they survived the event. According to North Carolina Statute §28A-18-2, this includes instances of neglect, default, and abuse.

As a result, a wrongful death lawsuit is appropriate whenever another party is liable for the incident that resulted in the death. The defendant’s motivations or intent leading up to the incident are irrelevant. Additionally, all defendants are liable for the results of their actions, no matter how severe the resulting injuries may be. Common incidents that can give rise to wrongful death lawsuits in Wilson include:

  • Car, truck, or motorcycle accidents
  • Pedestrian or bicycle collisions
  • Premises liability claims that involve injuries sustained while on the property of another party
  • Defective product cases
  • Medical malpractice or nursing home abuse claims

Potential Compensation in a Wilson Wrongful Death Claim

Normally, the purpose of a personal injury claim is to make the injured party whole again. Of course, this is impossible in cases where the injured party has passed away. Instead, a wrongful death case aims to provide comfort and compensation to a decedent’s family. Plaintiffs in these cases serve the interests of the decedent’s family and can only be the decedent’s personal representative. These representatives gain their powers through a decedent’s will or as the result of a probate court appointment.

North Carolina Statute §28A-18-2 provides a specific list of the available compensation in a wrongful death lawsuit. These sources include:

  • All medical care or hospitalization needed prior to death
  • Payments for the pain and suffering of the decedent
  • Reasonable funeral costs
  • Monetary damages that the family suffers due to not having the decedent in the family. This includes lost income, services provided by the decedent, and companionship
  • Any nominal damages that a jury believes to be acceptable

A Wilson Wrongful Death Attorney Could Provide for the Future

Every death is a tragedy. While many deaths are the result of natural causes or unavoidable coincidences, others are traceable to the actions of other parties. A wrongful death lawsuit in Wilson is appropriate if the negligence or intentional act of another party caused a death.

Pursuing a wrongful death lawsuit could provide comfort and financial security. These claims aim to hold responsible parties and companies liable for the negligence or acts of violence that resulted in a death. Successful claims can bring payments for medical bills as well as compensation for all lost companionship and income. Laws in Wilson strictly limit when these cases are appropriate. Contact a Wilson wrongful death attorney today to discuss your options.