Wrongful Death Claims in North Carolina
Catastrophic Injury and Wrongful Death Representation
The loss of a family member can be incredibly difficult to deal with, particularly if the loss is unexpected – or if there is a sense that the loved one’s death could somehow have been prevented. If you have lost a loved one in a fatal accident or incident, you and your family members may be struggling with severe grief and trying to sort through painful questions while trying to carry on with your daily lives.
Financial compensation will never heal the loss, but in cases where negligence, recklessness or unsafe conditions contributed to or caused a fatal injury, family members have the legal right to seek reasonable financial damages from those responsible. Talking to a mature North Carolina wrongful death attorney can help you understand your rights and options under the law.
Statute of Limitations: Limited Time to File Wrongful Death Claims
Under the North Carolina statute of limitations, there are two years from the time of death in which to file a wrongful death claim. Although it may be difficult to consider filing legal action soon after the death of a loved one, in fact, it can be exceptionally important that you get legal representation as quickly as possible. All the evidence to support the wrongful death claim must be obtained and preserved, and witnesses contacted and interviewed as early as possible after the death. With the passage of time, critical evidence is often lost or destroyed, memories fade, and eyewitnesses become harder to find.
At the Rhine Law Firm, P.C. our wrongful death lawyer understands this is a difficult time, and takes on the burden for you. We can deal with all the important legal details for you so you can focus on recovering from the tragedy and sorting out all that needs to be done. We are compassionate, dedicated, and care about the people we represent. You will never feel like you are not important – because you are. You and your family deserve the level of caring and professionalism that we deliver, each and every day.
Who Can File a Wrongful Death Claim in North Carolina?
The sudden death of a loved one is emotionally devastating – but there are often terrible financial consequences as well. A family can be left struggling to make ends meet after the sudden death of a loved one who had provided financial support.
Close family members have the right to seek compensation from the negligent party through filing a wrongful death lawsuit, whether the death was caused by an individual or corporate entity. The claim is filed on behalf of the estate and surviving family members by a personal representative of the victim, most often the executor or administrator of the estate.
For victims who did not have a will in place, a representative will be named by the court. Our wrongful death lawyers are available to discuss all of these important issues with you, and to guide you through every step of the process, with the utmost professionalism and individual care and service. We offer a free initial consultation to assist you, and can meet with you on evenings or weekends if this is more convenient for you.
Damages in a Wrongful Death Claim
Under the NC Wrongful Death Act, certain damages can be recovered by filing a lawsuit against the negligent party(ies). These monetary damages include:
- The cost of care, treatment, and hospitalization prior to the death of the individual.
- Compensation for the pain and suffering experienced by the victim.
- Cost of funeral expenses.
- Recovery of the lost income the victim would have provided had he or she continued to live, and other economic losses.
- Compensation for the services, protection, care and assistance the victim provided the family.
- Compensation for the society, guidance, comfort, companionship, and advice the victim provided.
- Punitive damages (those paid to punish the responsible party) if the death was the result of an act of malice, or willful or wanton conduct.
Answering Questions, Finding Fair Solutions
Our Wilmington wrongful death attorneys are available to answer your questions about how the law relates to your loss and to explain the process of developing and following through with a case. They will listen to your story and give you the time you need to explain your concerns.
With decades of experience with difficult personal injury and wrongful death cases involving car or motorcycle accidents, workplace incidents, assaults, recreational accidents, trucking accidents, bus accidents and other catastrophic events, we understand the importance of exploring cause – and determining liability – in the death of your loved one. We also understand the emotional difficulties involved and can refer you to support resources that may be helpful.
When It Really Matters – Contact Rhine Law Firm, P.C.
For some families, pursuing a wrongful death case is an appropriate course of action. Contact a Wilmington wrongful death attorney at our firm by calling at to discuss your situation in confidence. Office hours 8:30 a.m. to 5 p.m. Evening and weekend appointments also available.
Ten Leading Causes of Death and Injury – CDC
Mortality Risk – Insurance Information Institute, Inc
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