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If you lost a loved one in a preventable accident, you have the right to take legal action. An Etowah personal injury lawyer can help you file a wrongful death claim and seek justice.
After losing a loved one, the prospect of dealing with a long, stressful legal case can be overwhelming. An Etowah wrongful death lawyer from Farmer & Morris Law, PLLC can handle your claim and help you pursue compensation for your loss so you can focus on spending time with your family.
Why Hire an Etowah Wrongful Death Attorney?
A wrongful death lawyer in Etowah can make a critical difference in the outcome of your case. Specifically, they can:
- Investigate the incident: They can gather evidence, review accident or medical records, and consult experts to build a strong case.
- Assess your damages: They can calculate your economic and non-economic losses to make sure your claim is fairly valued.
- Negotiate with insurance companies: They can pursue a fair settlement and prevent insurers from undervaluing your claim.
- Represent you in court: If a settlement isn’t possible, your lawyer can take your case to trial and fight for the compensation your family deserves.
Damages You Can Recover in a Wrongful Death Claim
If you lost a loved one due to negligence, you may be able to recover a variety of damages, including:
- Medical expenses: You can recover the costs of medical care your loved one received before passing away.
- Funeral and burial costs: You can seek reimbursement for funeral, cremation, and burial expenses.
- Lost income and benefits: You can recover the wages and benefits your loved one would have earned if they had lived.
- Loss of companionship and support: You can receive compensation for the loss of your loved one’s comfort, care, and guidance.
- Pain and suffering of the deceased: You can recover damages for the physical and emotional suffering your loved one endured before their death.
A wrongful death attorney in Etowah can help make sure your claim reflects all of your losses.
How Long Do You Have to File a Wrongful Death Claim in NC?
In North Carolina, the statute of limitations for filing a wrongful death lawsuit is typically two years from the date of death. This means the personal representative must file the claim within that time frame or lose the right to seek compensation.
While two years might sound like a long time, these cases require extensive investigation, evidence gathering, and preparation before filing. Waiting too long can make it harder to locate witnesses or preserve critical records, which is why it’s important to hire a lawyer as soon as possible.
How Wrongful Death Cases Are Proven
To win a wrongful death case in Etowah, you must prove that the defendant’s negligence or wrongful act caused the death. This typically requires establishing these elements:
- Duty of care: The defendant had a legal duty to act with reasonable care.
- Breach of duty: The defendant failed to meet that duty through careless or intentional actions.
- Causation: The breach of duty directly caused the death.
- Damages: Your family suffered financial and emotional losses as a result.
Evidence such as accident reports, medical records, expert testimony, and witness statements can be used to bolster your case.
Common Challenges in Wrongful Death Cases
Even when liability seems obvious, it can be difficult to win a wrongful death case. Insurance companies often try to minimize payouts by disputing the cause of death, shifting blame, or downplaying damages, and emotional damages can be difficult to prove.
A wrongful death attorney can help you overcome these obstacles and obtain a fair settlement by gathering strong evidence and consulting experts.
What Is a Wrongful Death Claim?
A wrongful death claim is a civil lawsuit brought when a person dies due to another party’s careless, reckless, or intentional actions. In North Carolina, this type of case seeks to hold the at-fault party legally and financially responsible for the loss they caused.
The goal of a wrongful death lawsuit is to hold the responsible party accountable and help surviving family members recover the damages they deserve.
Who Can File a Wrongful Death Lawsuit in North Carolina?
Under North Carolina law, only the personal representative of the deceased person’s estate can file a wrongful death lawsuit. This representative is usually named in the will, but if there isn’t one, the court can appoint someone to act in that role.
Even though the personal representative files the claim, the compensation recovered goes to the deceased person’s heirs—not the representative personally. Typically, the beneficiaries include the spouse, children, and sometimes parents, depending on the circumstances.
Speak to a Wrongful Death Lawyer in Etowah
Losing a loved one in a preventable incident is something no family should have to endure. If your family member’s death was caused by negligence or misconduct, an Etowah wrongful death attorney from Farmer & Morris Law, PLLC can gather evidence, negotiate with insurers, and fight to secure justice for your loved one.
Book a free case review to discuss your situation today.
