When the death of a loved one happens as the result of another party’s careless, negligent, or reckless actions, your family may be able to file a wrongful death claim or lawsuit against the liable party. Pursuing legal action on your loved one’s behalf can help you recover the cost of various damages, including loss of consortium, loss of income, medical expenses incurred due to accident-related treatment and expenses related to their funeral and burial.
You do not have to fight for compensation on your own in Marion. A lawyer from our team can help you understand the complex legal process of seeking financial recovery from the party who caused your loved one’s wrongful death. At Farmer & Morris Law, PLLC, you can speak to a member of our team about your legal options at no cost.
In This Article
- Determine Your Eligibility to File for Wrongful Death Damages
- Compensation Your Family Could Recover
- Proving the Elements of a Wrongful Death Case
- You May Want to Start Building Your Wrongful Death Case Today
- A Lawyer Can Support Your Marion Wrongful Death Case
- Call Farmer & Morris Law, PLLC, for a Free Case Review
Determine Your Eligibility to File for Wrongful Death Damages
If someone caused your loved one’s untimely death, your family has the right to take civil action against them. Under G.S. § 28A-18-2, a personal representative of the decedent’s estate is eligible to file a wrongful death action in North Carolina.
If the case is successful, either through an insurance claim or lawsuit, the recovered compensation will be divided according to North Carolina’s Intestate Succession Act. Based on this act, financial compensation can be awarded to the decedent’s:
- Other relatives
Your loved one could have passed away as the result of a criminal act. Even if the liable party is charged with a crime and undergoes criminal prosecution, it does not affect your ability to seek damages from them. A lawyer from our firm can help you understand your family’s eligibility to file a wrongful death action in Marion and explain how compensation is distributed accordingly.
When you call Farmer & Morris Law, PLLC, one of our team members can offer you a free consultation regarding your wrongful death case.
Compensation Your Family Could Recover
Filing a claim after a loved one’s death could allow your family to collect compensation for this loss and any related damages. Our attorney can help you identify and calculate the monetary value of each damage so that you leave nothing out and do not undervalue any aspect of your case.
Some examples of what you could recover from a successful wrongful death case include:
- Relevant medical care and treatment for your loved one before their death
- The pain and suffering your loved one endured
- Funeral and burial expenses for the decedent
- Diminished household income
- Loss of consortium
- Loss of parental guidance and other services
You may want to pursue compensation for various expenses but may not know their value. Some of these damages are easy to calculate by compiling receipts, invoices, and bills. Others, like loss of consortium, need us to assign value to them.
Understanding the Value of Non-Economic Damages
A lawyer from Farmer & Morris Law, PLLC, can help your family assign an accurate value to the non-economic damages in your wrongful death case. We will use industry practices to ensure these intangible losses receive a fair value. Some of the steps we can take include:
- Reviewing the cost of your loved one’s medical expenses
- Interviewing witnesses to gain insight into the extent of your loved one’s pain and suffering
- Researching legal precedent to reference the outcome of cases similar to yours
- Factoring in any statutory caps the state may place on your compensable losses
- Reviewing the at-fault party’s financial resources and assets
Proving the Elements of a Wrongful Death Case
When you decide to file a wrongful death action against the party responsible for your loved one’s passing, your case must meet various requirements.
The lawyer we assign to your case will work to prove their death meets the following criteria:
- The decedent’s death occurred because of the careless, reckless, or negligent act of another person or organization.
- The decedent would have had a valid claim for a personal injury settlement or lawsuit had they survived.
The success of a personal injury claim or lawsuit rests on evidence. Therefore, our team will need to collect evidence to support your case, which could include your loved one’s medical records, pay stubs to show loss of income and other relevant items. You may also have paperwork and documents that could promote your case’s success. If so, you will want to share that information with your legal team.
You May Want to Start Building Your Wrongful Death Case Today
If your loved one’s death was the result of another party’s negligent action or inaction in Marion, your family is entitled to file an insurance claim or lawsuit for compensation. It is important to act quickly when filing because failure to meet the state’s statute of limitations could put your case in jeopardy. In North Carolina, the deadline to file a wrongful death lawsuit is limited.
According to G.S. § 1-53, you generally have two years from the date of your loved one’s death to initiate a lawsuit. While your family grieves the loss of your loved one, a lawyer from our firm can start the process of compiling information and strategizing on your behalf.
A Lawyer Can Support Your Marion Wrongful Death Case
Building a wrongful death case can be time-consuming and complicated, especially when your family is still reeling from losing your loved one. That is why our team represents individuals and families in these cases. You have been through enough – let us carry your legal burden.
If your family lost a loved one due to another party’s negligence, it’s important to take the time to explore your legal options fully. We can serve as your legal advocates and help you choose the best path toward compensation for your family. Aside from building the case and calculating your damages, we will:
- Face the insurance company and at-fault party in negotiations so that you don’t have to
- Complete and submit all necessary paperwork
- Represent you in hearings and court appearances
- Keep your case on track to avoid allowing the statute of limitations to expire
Reviews from Previous Clients
Our past clients often express their gratitude for the services we provided in their time of need:
- “What a great firm. I highly recommend Farmer & Morris. I felt comfortable and taken care of. I will take any legal problems I have to them.” – Heidi T.
- “My experience with Farmer and Morris Law was excellent. I needed their help on different occasions, and their experienced attorneys and friendly staff made sure I had the best service.” – Erica C.
- “Farmer and Morris provided great counsel and handled my case with professionalism. Would highly recommend them to anyone.” – Robert S.
You can find more feedback from previous clients in our Google reviews and the testimonials page on our website.
Call Farmer & Morris Law, PLLC, for a Free Case Review
If another party is responsible for the death of your loved one in Marion, your family may be able to take legal action. One of our lawyers will help your family navigate the complex legal system as you pursue your wrongful death case, provide evidence of your case, and initiate prompt legal action.
Our Rutherfordton office serves Marion and other surrounding communities. Contact Farmer & Morris Law, PLLC, at (828) 286-3866 to speak to a team member today.