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If your family lost a loved one due to negligence, you could pursue compensation from the at-fault party or parties. Your family does not have to navigate an emotionally challenging claim during a trying time. Instead, you can hire a local attorney who will explain the merits of your claim and handle the details and legalities for you while you focus on taking care of each other.
You should hire a lawyer if you are facing issues with the process or don’t feel equipped to handle it on your own.
A wrongful death lawyer in Rutherfordton can describe your rights and the at-fault party’s legal obligation and financial liability. While nothing can atone for your loss, you can get legal support to obtain the compensation your family is entitled to recover. Learn more about when you should hire a wrongful death lawyer, which family members can take legal action, and the type of compensation you can recover with a free consultation.
Do You Need a Lawyer for a Wrongful Death Claim?
A wrongful death lawyer can take on all the tasks involved in building a comprehensive claim. Your lawyer can deal with the insurance company and adjuster, including demands for information and evidence. They will also:
- Document the cause of your loved one’s passing
- Identify the negligent party or parties
- Accurately assess your recoverable damages
- Handle all communication with the insurance company
- File your insurance claim and lawsuit on time
- Negotiate a fair and appropriate monetary settlement
Our team offers an assessment of your claim at no cost or obligation to you or your family. A team member will listen to your story and describe the steps your lawyer can take to recover damages for your family.
Is it Worth Hiring a Wrongful Death Lawyer?
It costs nothing upfront to hire a wrongful death lawyer. They will cover any upfront fees or expenses on behalf of your family and will receive compensation only when you do.
What Constitutes Wrongful Death?
A death is wrongful if its cause is negligence or recklessness. Your lawyer can establish the elements of negligence that prove the decedent would not have passed away but for the at-fault party’s actions.
They can also prove the decedent would have had a valid personal injury claim had they survived the accident. Wrongful death claims can stem from motor vehicle accidents, pedestrian accidents, bicycle and motorcycle accidents, and product liability claims.
Which Family Members Can Receive Compensation?
Generally, the decedent’s spouse, children, and parents can recover wrongful death compensation. In some cases, siblings and other relatives can recover damages.
Laws vary by state and the makeup of each family, and whether or not the decedent financially supported a loved one can determine eligibility for compensation. The best way to understand your rights is to let a wrongful death lawyer handle your claim and provide clarity at each phase.
How Much Time Do You Have to File a Wrongful Death Lawsuit?
The statute of limitations (the allotted time to file your lawsuit) varies by state. If it expires, the court could prevent you from filing your lawsuit at all. Accordingly:
- In North Carolina, the wrongful death statute of limitations is generally two years, according to G.S. § 1-53.
- In South Carolina, the wrongful death statute of limitations is generally three years, according to S.C. Ann § 15-3-530.
The age of the decedent and certain actions taken by the at-fault party can alter the filing deadline, making it hard to comply on your own. When a lawyer represents you, they will accurately interpret and apply the statute of limitations and file your lawsuit on time.
Which Family Members Can File a Wrongful Death Claim?
In North and South Carolina, the decedent’s personal representative, collector, or executor can file an insurance claim or lawsuit on behalf of the family. The executor is often the decedent’s:
- Spouse
- Children
- Parents
- Heirs
In South Carolina, the executor can pursue compensation. An attorney from our firm can help you understand the steps involved in filing an effective insurance claim or lawsuit in either state.
What Type of Wrongful Death Compensation Is Available?
The loss of a loved one can leave your family with emotional trauma and financial upheaval. Wrongful death compensation you can request from the at-fault party includes:
- Final arrangement costs: Funeral service, burial, gravesite, headstone, coffin, cremation, urn, etc.
- Loss of financial support: Lost income, vacation days, employment benefits, pension, etc.
- Loss of household services: Domestic contributions, childcare, educational support, daily transportation, etc.
- Loss of consortium: Lost intimacy, companionship, affection, guidance, care, society, etc.
What Type of Evidence Proves Your Right to Compensation?
Every wrongful death claim is a unique legal action, requiring a compelling evidence collection. Depending on the cause of your loved one’s passing, your case file can include:
- First responder reports (police, fire, medical)
- Eyewitness and expert witness statements
- Deposition transcripts and testimonies
- Dashcam, traffic cam, and security footage
- Medical records, bills, and medical history
If an attorney represents you, they can obtain evidence you might have difficulty accessing on your own, including inspection reports, licensing information, and more.
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Hire a Wrongful Death Lawyer Today
You should hire a wrongful death lawyer if another person’s or entity’s negligence led to a family member’s passing. At Farmer & Morris Law, PLLC, our wrongful death lawyers will fight for your financial recovery. We will represent your family with kindness, compassion, and tenacity while striving to achieve the best possible financial outcome.
Contact our consultation team to learn more about your family’s right to financial recovery. Get started today with a no-cost, no-obligation claim review.
