It is impossible to compensate anyone sufficiently for the unexpected loss of their loved one. Unfortunately, all too many families suffer these losses as a result of another’s negligence or carelessness.
A Forest City wrongful death lawyer understands the reality of these turbulent times, and they are available to help families through these painful and stressful situations. Our team understands that when families face these situations, lives are turned upside down. Therefore, we make it our goal to provide the support families need to piece everything back together.
Types of Forest City Wrongful Death Accidents That Lead to Claims
We treat every family member suffering from the loss of a wrongful death victim like they are part of our family. The devastating effect of losing a family member or loved one is life-changing, and we understand that reality. Wrongful death claims could be brought if the victim dies as a result of one of the following circumstances:
- Bicycle, motorcycle, and other vehicle accidents
- Defective medical equipment that causes an accident
- Dangerous or defective products
- Drivers operating under the influence and causing an accident
- Off-shore and other maritime accidents
- Workplace or other occupational accidents
- Over-the-counter or prescription medication errors
- Railroad accidents
Under some circumstances, a victim passes away while receiving treatment for their injuries. If that is the case, the victim’s estate might be able to receive compensation to cover medical expenses. Our legal professionals assist families suffering the loss of a loved one due to injuries resulting from another party’s negligence.
Understanding North Carolina’s Wrongful Death Laws
According to G.S. § 28A-18-2, wrongful deaths occur when a victim’s death is a result of the default, negligence, or wrongful act of another. When this happens, the victim’s family has a right to pursue claims for or on behalf of the victim’s estate. However, according to this same statute, a personal representative must file the victim’s wrongful death claim.
It is the responsibility of a Forest City wrongful death lawyer to prove that a default, negligence, or wrongful act caused the victim’s death. To prove these cases, attorneys must exhibit evidence that the third party:
- Caused the death of the victim
- Should have predictably foreseen or known that their carelessness or failure to act could result in the victim’s death
Under this statute, there is also guidance regarding which surviving family members can act as the estate’s personal representative in a wrongful death claim:
- Individuals bequeathed any portion of the estate
- The estate’s heirs
- Children, parents, spouses, and other surviving family members
- Other family members, including siblings and grandparents
- Any other individual the victim names in their will
Forest City Wrongful Death Recoverable Damages
G.S. § 28A-18-2 also outlines the recoverable damages family members could receive in a wrongful death claim. Immediately following incidents leading to wrongful death, families should call for a consultation with a member of our team.
During that consultation, we outline all the details regarding your case. Representatives also receive information about any damages that we could potentially recover on the estate’s behalf. Those damages often include pain and suffering, which is compensation for physical and emotional distress, as well as the following:
- Burial and funeral expenses for the victim
- Care, hospitalization, and treatment expenses relating to the injuries that led to the victim’s death
- Loss of household earnings
- Assistance, protection, and services of the victim, whether obligatory or voluntary, to those entitled to receive damages
- Advice, comfort, companionship, guidance, and society of the victim to those entitled to receive damages
Do not wait to take action. For a free case evaluation, call Farmer & Morris Law, PLLC, at (828) 286-3866 today.
North Carolina Statute of Limitations for Wrongful Death
G.S. § 1-53 outlines the statute of limitations for filing wrongful death claims. Under this law, estate representatives have up to two years from the date of the wrongful death to file an action.
Therefore, representatives should speak with a member of our team as soon as possible. Due to these strict time limits, we must work quickly to secure and preserve your claim. Failing to file an action within the timeframe could result in courts barring you from recovering on a wrongful death claim.
Turn to a Forest City Wrongful Death Lawyer to Handle Your Case
As Forest City wrongful death lawyers, we at Farmer & Morris Law, PLLC, work diligently on behalf of a victim’s family members and their estate. To put together the best possible wrongful death claim, the victim’s representative must provide us with detailed information. Examples of this information include:
- The victim’s federal and state income taxes dating back five years before the wrongful death
- The victim’s birth, death, and, if applicable, marriage certificates
- Autopsy, if applicable, and all other medical reports
- Documentation indicating the victim’s military discharge, if applicable
- All photographic evidence leading to the victim’s death
- All documentation detailing the victim’s employment benefits and retirement plan, if applicable
- Documented evidence proving the victim was responsible for sharing part of their income with a partner or spouse
- Photographs of the victim during his or her life, including notable photographs with family and friends
At Farmer & Morris Law, PLLC, our team of Forest City wrongful death lawyers is dedicated to providing families with respectful and compassionate representation. As we do this, our team also pursues the damages families are often entitled to recover.
Finding and Identifying the Guilty Party
Aside from telling us your story and providing us with whatever relevant materials you have on hand, you are required to do very little legal work once you hire a lawyer from our firm to represent you. For example, we can collect and examine evidence from a wide variety of sources, including:
- Expert witnesses who can write statements confirming that the accident caused your loved one’s death and that the accident was the fault of the party you are suing
- Eyewitnesses who saw the fatal accident and can confirm key details about what happened and who was responsible
- Video footage if, for instance, a bystander filmed what happened or a surveillance camera caught the accident on tape
- Accident reports, if the police or other authorities were called to the scene of the accident
- Inspection reports or prior complaints showing that the at-fault party has engaged in reckless behavior before, if applicable
Using this and other evidence, we can figure out who is responsible for your loved one’s fatal accident. In many cases, there is only one guilty party; in others, there is more than one. It is vital that you correctly identify all of the guilty parties in your case so that you hold them all responsible and recover the maximum possible amount of compensation.
Who to Sue for Wrongful Death
Depending on what type of accident your loved one suffered, the at-fault party may be one or more of the following:
- A driver, engineer, or anyone else operating a motor vehicle
- The at-fault party’s employer (if they were working at the time of the accident)
- The victim’s employer (in the case of workplace accidents)
- A drug or product manufacturer or distributor
- A maintenance contractor
- A doctor, nurse, or other medical professional
- The owner of a vicious dog
- A city, county, or other government entity
We Represent Wrongful Death Clients to the Fullest
Farmer & Morris Law, PLLC, can perform all necessary legal tasks throughout the span of your lawsuit. These may include but are not limited to:
- Explaining your rights and helping you figure out the best way to handle your wrongful death case
- Notifying the at-fault parties and their insurers that you are filing suit
- Meeting with the insurance company to negotiate a fair payout to be paid in a timely manner
- Relaying messages between you and the liable party so that you never need to have direct contact with them
- Representing you in the courtroom, if the insurance company refuses to negotiate in good faith or offer a reasonable settlement
- Preparing for court by submitting all necessary paperwork, evidence, and so on
- Keeping in touch with you on a regular basis, offering case updates and plenty of opportunities for you to ask questions or share concerns
Finally, we never charge attorney’s fees in wrongful death cases until after the case has been settled and our clients have received compensation. If we cannot win compensation for you, you will pay no attorney’s fees, ever. We only benefit if you do.
Call Us Today for a Free Consultation
If you suffered the loss of a family member or loved one due to wrongful death, the estate’s personal representative should contact us to hire a Forest City lawyer from our firm and seek damages. Call Farmer & Morris Law, PLLC, for a free case evaluation at (828) 286-3866.