When your loved one dies an untimely death due to another person’s negligence, you could recover compensation for your losses. However, for surviving family members of victims of wrongful death in McDowell County, you might find it challenging to know how to start the legal process of recovery.
When you work with a McDowell County wrongful death lawyer from our firm, we will help you fully understand your legal options and requirements under North Carolina law. At Farmer & Morris Law, PLLC, we can help you at every step of your wrongful death claim to ensure your rights are represented during this challenging time.
In This Article
- A Wrongful Death Claim Represents the Victims’ Rights and Compensates Loved Ones
- We Handle Wrongful Death Cases Related to Several Types of Accidents
- Who Can File a Wrongful Death Case in North Carolina?
- Damages Recoverable in a North Carolina Wrongful Death Case
- North Carolina’s Wrongful Death Statute of Limitations
- How Our Wrongful Death Lawyers Can Help
- Contact Our Injury Lawyers in McDowell County About Your Wrongful Death Claim
A Wrongful Death Claim Represents the Victims’ Rights and Compensates Loved Ones
G.S. § 28A-18-2 defines wrongful death as when someone’s death “is caused by a wrongful act, neglect or default of another.” Like a personal injury claim, the law allows victims of negligent conduct resulting in death to recover compensation. However, in a wrongful death case, the victim is no longer able to recover.
To protect and represent the rights of the deceased, surviving family members can pursue a wrongful death claim for compensation. Generally, if the deceased victim would have qualified to file a personal injury claim, qualified surviving family members may be eligible to bring a wrongful death claim.
For a free legal consultation with a wrongful death lawyer serving McDowell County, call 828.286.3866
We Handle Wrongful Death Cases Related to Several Types of Accidents
Wrongful death can arise in McDowell County in a myriad of ways. Any time a person acts negligently or without the care required under the law, causing an accident where another person dies, the accident could be considered a wrongful death. Our wrongful death lawyers handle cases related to:
- Car wrecks, such as those common on Interstate 40 and U.S. Route 221
- Motorcycle accidents
- Workplace accidents
- Medical malpractice
McDowell County Wrongful Death Lawyer Near Me 828.286.3866
Who Can File a Wrongful Death Case in North Carolina?
There are legal limitations on filing a wrongful death claim in court in McDowell County and throughout North Carolina. According to G.S. § 28A-18-2, only a personal representative for the deceased victim’s estate may file a lawsuit for wrongful death recovery in court. Generally, the deceased’s will or estate plan names their personal representative.
However, in cases where no representative is named, the Clerk of the Superior Court for McDowell County will appoint one for administering the deceased’s estate. The representative will pay any debts, collect assets, distribute property, and file a wrongful death lawsuit in cases where the victim’s death was due to negligence on the part of another person.
If you need assistance determining the representative of your deceased loved one’s estate or help with the probate process, our wrongful death attorneys in McDowell County could offer advice.
Damages Recoverable in a North Carolina Wrongful Death Case
In North Carolina wrongful death cases, the law outlines the specific recoverable damages available. G.S. § 28A-18-2 establishes the damages that survivors of deceased victims can recover in a wrongful death case:
- Medical expenses for any care or treatment related to the injuries that led to their death
- Compensation for your loved one’s pain and suffering
- Fees related to funeral services and burial costs
- Loss of the decedent’s income
- Loss of the decedent’s protection, care, and assistance
- Loss of the companionship or guidance of the decedent
- Possible punitive damages as outlined in G.S. Chapter 1D
Additionally, it is crucial to note that settlements for wrongful death do not become part of the estate. North Carolina’s Intestate Succession Act protects wrongful death compensation from being used to pay creditors of the estate except for particular amounts to certain medical providers. A wrongful death lawyer from our firm can help you determine a case value that accurately reflects the full extent of your losses due to the death of your loved one.
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North Carolina’s Wrongful Death Statute of Limitations
The statute of limitations to file your lawsuit for wrongful death in North Carolina is two years from the date of the death, according to G.S. § 1-53. Although the time limit is longer in personal injury cases not involving death, surviving loved ones will need to ensure the estate representative files the lawsuit within the statute of limitations to preserve their right to recover compensation for their losses.
Although some exceptions may extend the statute of limitations, you will still want to work as quickly as possible to ensure you can recover under North Carolina law. If you need help meeting the statute of limitations for your case in McDowell County, our wrongful death attorneys can explain what you need to know and the steps required to ensure you meet the deadline.
How Our Wrongful Death Lawyers Can Help
At Farmer & Morris Law, PLLC, we can work with you after the wrongful death of your loved one in McDowell County. Our wrongful death lawyers understand how essential it is for you to get the compensation you are entitled to receive under North Carolina law. The benefits of working with us include:
- Reviewing the details of your case with you
- Explaining your legal options, rights, and requirements
- Gathering all the evidence needed to establish the elements required to show negligence
- Verifying your loved one’s past income to determine your request for lost future wages
- Calculating the total value of your case
- Preparing and filing the claim
- Negotiating with the insurance company or other involved parties on your behalf
- Filing your lawsuit in the appropriate court if you cannot reach a satisfactory settlement
If you have suffered the loss of a loved one in McDowell County, we can work with you to ensure your loved one’s rights are well-represented at every stage of your claim.
Contact Our Injury Lawyers in McDowell County About Your Wrongful Death Claim
If you lost your loved one in an accident in McDowell County caused by the negligence of another person, you might be entitled to compensation for your losses under North Carolina law. We can work with you to meet the deadline for bringing a wrongful death lawsuit and explain all other requirements.
Call us today at (828) 286-3866 for your free consultation and more information on how we can help during this difficult time.
Call or text 828.286.3866 or complete a Free Case Evaluation form