If your loved one was the victim of negligent conduct, you could recover compensation from the party or parties who contributed to their death. However, there are strict requirements for filing and pursuing such a case. A wrongful death lawyer from our firm can help you navigate the ins and outs of your Rutherfordton claim or lawsuit.
We understand that this is a difficult time for you and your family, and that no amount of compensation can make up for your loss. However, by helping you pursue damages, we may be able to recover the money you need to start working towards a new normal.
In This Article
How a Lawyer from Our Firm Can Help
The team at Farmer & Morris Law, PLLC, is willing and able to take charge in every aspect of your wrongful death case. This includes but is not limited to:
- Identifying and pursuing damages from liable parties
- Quantifying your damages so you know what to sue for
- Negotiating with insurance companies
- Filing a civil lawsuit for wrongful death
- Collecting evidence to strengthen the case
- Deposing witnesses
- Arguing your case at trial
- Working with medical providers and health coverage providers to maximize recovery
In addition to completing all necessary legal tasks, we make the process more accessible to our clients by:
- Assessing their case over the phone at no charge
- Explaining their rights and options in a compassionate way
- Helping them make important legal decisions
- Charging no attorney’s fees unless and until we recover damages
Damages to Pursue After a Wrongful Death
You can collect two types of damages during a wrongful death case: economic and non-economic.
Economic losses are costs your family incurred as a direct result of a loved one’s unexpected passing. Example include:
- Burial and funeral expenses: When a loved one dies, you may have to pay to lay them to rest in accordance with their wishes.
- End-of-life expenses: For example, you might have to pay to settle a loved one’s estate or deal with any debts they left behind.
- Attorney’s fees: If you seek legal representation to help you deal with the aftermath of your loved one’s death, you can seek compensation for legal fees.
- Medical bills: Unreimbursed medical bills, such as hospitalization costs, are considered economic losses. In short, if your loved one never had a chance to file their own claim to recover medical expenses, you may be eligible to collect that compensation on their behalf.
- Loss of financial support: Anyone who depended on the deceased’s income for financial stability and security can estimate how much the deceased would have earned over their lifetime and seek that amount through a wrongful death case.
A lawyer from our Rutherfordton office can help you pursue non-economic damages for pain and suffering, which considers the emotional impact of the wrongful death. You can recover non-economic damages for:
- Loss of companionship: Your loved one and all of the affection they provided to you and the rest of their family can never be replaced.
- Loss of guidance: This is especially relevant for children of the deceased, who relied on their parent for advice and emotional support.
- Grief: The fact that you lost a loved one in such an unexpected and possibly preventable way can cause serious psychological trauma.
- Your loved one’s pain and suffering: If the fatal injury caused the deceased any physical or mental distress, you may be able to seek damages on those grounds.
The amount you can collect in non-economic damages may depend on the cause of your loved one’s death. If they were the victim of medical malpractice, there is a cap on the amount you can receive in non-economic damages, per G.S. § 90-21.19.
For now, try not to worry about calculating the exact monetary worth of your case. Our team at Farmer & Morris Law, PLLC, would be happy to go over all of the details with you and figure out how much money you should seek.
Requirements to File a Wrongful Death Case
A lawyer from our firm can file a wrongful death suit if your loved one died because of another party’s behavior. This is true regardless of whether or not that party intended to hurt anyone. Examples of potentially fatal accidents include:
To establish negligence, we must prove that the party you are seeking damages from behaved in a negligent, careless, or reckless way. Our team can work to fulfill all legal requirements by taking the following actions.
We Can Determine Liability
To recover damages in a wrongful death case, you must prove that the other party was responsible for your loved one’s death. We can conduct an investigation of the case to pinpoint the liable party, independent from any investigation conducted by the police or the insurance company. This investigation may involve:
- Visiting the scene of the accident, if possible
- Reviewing the results of previous investigations
- Asking relevant experts to review the case and help us confirm that the liable party is responsible for your loved one’s death
Trying to handle all of this on your own is stressful and unnecessary. Let Farmer & Morris Law, PLLC, support you during this difficult time by doing what we do best: confronting the insurance company and fighting hard for our clients’ rights.
We Can Compile Evidence Into a Strong Case
A wrongful death lawyer from our office can collect evidence to establish that the other party is liable. Each piece of evidence serves a different purpose and can strengthen different aspects of your claim or lawsuit. For instance:
- Medical records – including autopsy reports – can outline the cause of death. Injuries sustained before death can demonstrate factors such as a delay in medical treatment or malice.
- Surveillance footage or other video footage can show the fatal event as it happened.
- Witness testimony can reveal details not shown in other forms of evidence. If there are multiple witnesses, the fact that their stories match can bolster your credibility in the eyes of the insurance company or court.
If the other party was charged with a crime related to your loved one’s death, the details of the criminal investigation and trial can be used during a wrongful death case, as well. Moreover, if the offender has a history of violence or negligent conduct, it may help establish liability.
We Can Work in a Timely Fashion
Wrongful death lawsuits must be filed within two years of the death of the decedent, under G.S. § 1-53. If you do not file within the statute of limitations, you may be barred from recovering damages. Therefore, we encourage you to get in touch with us as soon as possible after your loved one’s passing.
Contact Farmer & Morris Law, PLLC, Today
If your loved one died because of negligent conduct, a wrongful death lawyer from Farmer & Morris Law, PLLC, can pursue damages against the liable parties. This can provide you with financial compensation to cover expenses related to your loved one’s passing. Call us today at (828) 286-3866 or contact civil litigation lawyers to discuss the details of your case. We are proud to serve Rutherfordton, North Carolina and the surrounding areas.