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 at-fault 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 wreck-related treatment, and expenses relating to their funeral service. You do not have to fight for compensation on your own.
A Marion wrongful death lawyer can help you understand the complex legal process of collecting financial recovery from the party who caused your loved one’s death. Call Farmer & Morris Law, PLLC at (828) 286-3866 to speak to a member of our team today about your legal options.
Determine Your Eligibility to File a Wrongful Death Claim
In North Carolina, under G.S. §28A-18-2, a personal representative of the decedent’s estate is eligible to file a wrongful death claim. 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.
This means financial compensation can be awarded to the decedent’s:
- Other Relatives
A Marion wrongful death lawyer can help you understand your family’s eligibility to file a wrongful death claim and explain how compensation is distributed accordingly. Contact Farmer & Morris Law, PLLC at (828) 286-3866 to speak to one of our team members about your wrongful death claim today.
For a free legal consultation with a wrongful death lawyer serving Marion, call 828.286.3866
Compensation Your Family Can Recover
When you file a claim for financial compensation, your Marion wrongful death lawyer can help you assign a monetary value to each aspect of your case.
Some examples of what you can recover from a successful wrongful death claim include:
- Relevant medical care and treatment for your loved one
- The pain and suffering your loved one endured
- Funeral and burial expenses for the decedent
- The decedent’s current and future income loss
- Loss of consortium
- Loss of parental guidance and household benefits
Your loved one could have passed away as the result of a criminal act. Even if the responsible party undergoes criminal prosecution and is charged with a crime, you still have the ability to file a wrongful death claim. A legal professional can explain what this could mean for your case when you call Farmer & Morris Law, PLLC today.
Marion Wrongful Death Lawyer Near Me 828.286.3866
Proving the Elements of a Wrongful Death Claim
When you decide to file a wrongful death claim against the at-fault party who bears responsibility for your loved one’s passing, your case needs to meet various requirements.
You and your Marion wrongful death lawyer are required to prove their death meets the following criteria:
- The decedent’s death was caused by the careless, reckless, or negligent act of another person or organization.
- The decedent would have had a valid claim for a personal injury insurance settlement or lawsuit had they survived.
Your lawyer will be tasked with collecting evidence to support your claim. This could include your loved one’s medical records, pay stubs to show loss of income, and other relevant items. The success of a personal injury claim rests on evidence. You may have paperwork and documents that could promote your case’s success. If so, you may want to share that information with your legal team.
A Marion Wrongful Death Lawyer Can Support Your Claim
Building a wrongful death claim can be time-consuming and complicated – especially when your family is still reeling from the loss of a loved one. You may want to pursue compensation for various expenses but may not know what they are worth. This can be especially difficult when it comes to assigning a value for the cost of noneconomic damages, such as pain and suffering.
A Marion wrongful death lawyer can help your family assign an accurate value to your claim.
They can do this by:
- Reviewing the cost of your loved one’s medical expenses
- Interviewing witnesses to gain more insight into the extent of your loved one’s pain and suffering
- Researching legal precedent to learn about the outcome of cases similar to yours
- Learning more about any statutory caps the state may place on your compensable losses
- Reviewing the at-fault party’s financial resources and assets
If your family lost a loved one due to another party’s negligence, take the time to fully explore your legal options. A lawyer can serve as your legal advocate and can help you fight for compensation.
Start Building Your Wrongful Death Claim Today
If your loved one’s death is proven to be the result of another party’s negligent action or inaction, your family is entitled to file an insurance claim or lawsuit for financial compensation. It is important to act quickly when filing your claim because failure to meet the state’s deadline could put your case in jeopardy. In North Carolina, the statute of limitations to file a wrongful death claim is limited.
According to G.S. §1-53, you generally have two years from the date of your loved one’s death to file a claim for compensation. While your family grieves the loss of a loved one, a Marion wrongful death lawyer can start the process of compiling information and strategizing on your behalf.
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Call Farmer & Morris Law, PLLC For a Free Case Review
If another party is responsible for the death of your loved one, your family may be able to take legal action. A Marion wrongful death lawyer can help your family navigate the complex legal system, provide evidence of your claim, and initiate prompt legal action.
Contact Farmer & Morris Law, PLLC at (828) 286-3866 to speak to a team member today.