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If your loved one’s passing resulted from someone else’s negligence, you might have a viable wrongful death case. Pursuing this type of legal action without the help of legal counsel can be difficult. Thankfully, you have the right to hire a Rutherfordton wrongful death lawyer.
A wrongful death attorney can handle every aspect of your case, from collecting evidence to negotiating a settlement with the responsible party’s representation. Your attorney can make the difference between success and failure, so speaking to legal counsel immediately is vital.
Investigate the Untimely Death of Your Loved One
One of the most important tasks a wrongful death lawyer can take up is the investigation into your loved one’s passing. Not every death will result in a viable case for compensation. To recover damages, you must demonstrate that a negligent act was responsible for your family member’s passing.
Your lawyer will first review the facts related to the fatal accident or incident. The specifics depend on the nature of their passing. Fatal motor vehicle accidents often have accident reports that provide an attorney with a place to start. Other types of incidents—including surgical errors or defective products—can be more challenging to investigate.
The investigation goes beyond determining fault. It is also important for legal counsel to collect evidence establishing what a claim is worth. This varies from case to case, but can include things like medical records, funeral home invoices, or expert testimony.
Identify Who Can File a Wrongful Death Lawsuit
The right to file a wrongful death action differs from one state to another. Your attorney can help you understand if you are entitled to pursue these claims, or if a representative of the estate has the right to proceed with legal action.
In some jurisdictions, the law allows certain surviving relatives the right to file a wrongful death lawsuit. Each state differs, but this right usually falls to any surviving spouses and children. In some cases, multiple parties might have the right to file a civil lawsuit and seek damages.
In other states—including North and South Carolina—the right to file a wrongful death lawsuit does not rest with the surviving relatives. Instead, the personal representative of the decedent’s estate ultimately has the power to file a lawsuit.
It is worth noting that a surviving relative is often appointed to this position. The personal representative is only empowered to handle a lawsuit, but they are not necessarily entitled to recover any compensation from it. The heirs of the estate will generally be entitled to any wrongful death damages.
File Your Lawsuit
Your lawyer will file your wrongful death lawsuit. Each state has a wrongful death statute of limitations that limits the time you have to file your lawsuit. In South Carolina you generally have three years according to S.C. Ann. § 15-3-530. North Carolina provides you two years to file according to N.C. Gen. Stat. § 1-53.
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Explain and Document Your Eligible Damages
An attorney cannot guarantee that you will recover a settlement or secure compensation in these cases.
The types of damages available in these cases can differ from one state to another. Certain jurisdictions often have multiple types of wrongful death claims. In some places, a civil suit will cover everything from burial expenses to the emotional pain of a surviving relative. In others, these suits only cover the losses directly impacting the decedent’s estate. Some common examples include the following:
- Pain and Suffering: You may be entitled to financial compensation for the pain and suffering your loved one experienced prior to their death.
- Final Medical Bills: Some people receive extensive medical care after a fatal injury or illness before ultimately passing. It may be possible to recover these medical expenses.
- Burial and Funeral Expenses: The cremation, funeral or burial costs are usually included in a wrongful death settlement.
- Emotional Distress: The surviving relatives may have a claim for emotional distress based on the sudden and unexpected loss of a loved one.
It is important to have a clear understanding of the type of damages available in these cases. A wrongful death attorney could explain what options are available under state law and help you get the maximum compensation available.
Resolve Your Wrongful Death Claim for Damages
An attorney can also help you secure the best possible outcome in your case. Often, this involves negotiating a settlement with the at-fault party, their lawyer, or their insurance company. Many death actions are resolved before a civil lawsuit is ever filed.
While settlements are common, not every case will wrap up so easily. If the other side refuses to accept responsibility for their actions, a trial may be necessary. Your attorney can build the strongest case possible. This might include expert testimony, witness statements, and physical evidence.
Most cases never go to trial. Even after you file your lawsuit, your attorney can continue to work to resolve your claim. A settlement could come early in the process after discovery begins, or it might not occur until just before the trial starts.
Get Compassionate Legal Support from Our Wrongful Death Lawyers
The death of a close family member is never easy to deal with, especially when it is unexpected. When negligence plays a part in their passing, legal action could present your best opportunity for justice. Our law firm will work to settle your case and pursue the maximum compensation for you and your family.
Let the legal team at Farmer & Morris Law, PLLC, handle the challenges that come with a wrongful death lawsuit. We will provide you with compassionate legal counsel during this difficult time while keeping you updated on the status of your case. Contact us today to learn more during a free consultation.
