Serving injured workers
and accident victims across NC
Losing someone you love because of another’s negligence is devastating. Our Charlotte wrongful death attorneys help families across North Carolina hold those responsible accountable and pursue the compensation they deserve.
Losing a loved one because someone else was acting carelessly can result in significant costs to you and your family. These costs include the loss of both the financial and emotional contributions of your loved one.
You could be entitled to compensation through what is known as a wrongful death claim. This kind of claim seeks to put you and your family in as close a financial position as though the crash that led to your loss had never happened.
North Carolina’s wrongful death law is also designed to account for the value of the loss of companionship and emotional support that a family faces after losing a loved on. There is no formula for this type of valuation; it is something that is determined on a case by case basis.
A Charlotte wrongful death attorney from Johnson & Groninger PLLC is available to review your wrongful death case. Schedule your appointment by calling (919) 240-4054 today.
Under North Carolina statute, wrongful death is defined as, “when the death of a person is caused by a wrongful act, neglect, or default of another” that would have allowed the injured person to bring an action for damages, and that “the person or corporation that would have been so liable, shall be liable to an action for damages.”
This means that you’re able to step into the shoes of your loved one and pursue whatever action they might have been entitled to had they survived the crash. The decedent may have been entitled to damages for all associated medical bills, in addition to any lost wages or earnings potential.
These damages include both short and long-term calculations and the damages in a wrongful death claim are very similar.
First and foremost, only certain individuals may file a wrongful death claim. There are other rules that apply that could limit your ability to pursue your claim.
Working with a wrongful death attorney to assess your case and provide guidance on the best path toward compensation will ensure that all rules and relevant factors are put to work in support of your case.
North Carolina law states that a wrongful action can be brought by “(t)he personal representative or collector of the decedent.”
What this means is that only a person who is designated as the personal representative of the deceased is able to file a claim on their behalf as the “plaintiff.” The plaintiff is the person who is filing the claim while the defendant is the party against whom the claim has been filed.
The “personal representative” of the deceased will vary depending upon whether or not the deceased person had a will.
When the deceased had a will, then the personal representative will be the executor that is named in the will. This will often be a surviving spouse of the deceased or may be an attorney if they have one.
Should your loved one lost to a tragic crash not have a will, the personal representative capable of bringing a wrongful death suit would be a person who qualifies as the administrator of the deceased’s estate under North Carolina intestate succession laws.
Instate laws determine how the property of persons is divided and how their rights and those of their heirs are protected when there is no will.
When the executor or administrator is unwilling or unable to serve as the personal representative of the deceased, the court will appoint the public administrator to serve.
When you have lost a loved one due to a tragic crash, it’s first necessary to prove that someone or something else was “negligent.” Negligence means the failure to use the care, or “duty,” that a reasonable person would use under the same or similar circumstances. To be eligible for compensation related to your injuries, you must prove that the The breaking of that duty to you must have caused the crash that led to injuries with associated costs and damages.
The list of damages that a family may claim in a wrongful death case include:
Only certain persons can collect the proceeds of a wrongful death lawsuit. The people who are eligible to receive compensation through a wrongful death claim are those who would have received proceeds under the intestate succession laws of the state.
The proceeds of the wrongful death action go directly to the beneficiaries and do not pass through the estate. What this means is that creditors of the estate do not access to the wrongful death proceeds, with the exception of medical providers who treated the victim for injuries from the crash, and there are limitations on those providers’ rights to collect..
When the deceased had a will, North Carolina intestate laws might determine that the person who qualifies for wrongful death benefits is different from the beneficiaries of the will.
Determining who is the rightful recipient of wrongful death claim proceeds requires an understanding of how wills function and how property passes under North Carolina law.
If you do not bring your claim within the time allowed by the statute of limitations, you sacrifice your ability to ever bring your claim at all.
For most wrongful death cases, the statute of limitations or expiration period for a wrongful death claim is within two years from the date of the death of the crash that led to the victim’s death.
The best way to ensure that you file in a timely manner and maintain your rights is by reaching out to a Charlotte wrongful death attorney as soon as possible after the crash. Because it takes time to investigate and file a lawsuit in a wrongful death action, you should reach out to an attorney as soon as possible, so that the attorney has time to negotiate the claim, if appropriate and/or prepare a lawsuit.
To collect compensation for your wrongful death claim, you must prove that another party was negligent and caused the crash.
Negligence is a complex legal term that has four parts: duty, breach, causation, and damages. The first of these, duty, means that the party has some responsibility toward you.
Examples of duty include the responsibility of drivers on the road to be safe, sober, and follow the rules of the road, or the duty that medical professionals have to not injure you during treatments through medical malpractice.
In North Carolina, you must also consider the issue of “contributory negligence.” If the victim in any case is found to have contributed to their injuries or death, then the victim, or their family, is entitled to no damages. This law exists only in North Carolina and 3 other states and the defense will take full advantage of it by trying to pin some fault on the victim. We have seen cases in which the defense argued that a bicyclist victim was at fault for not wearing bright enough clothing, even though the defendant was texting and driving and hit the victim from behind. We have seen cases where the defense argued that the victim was a fault for not looking before proceeding through a green light, even though the defendant blew a red light. Without a lawyer who understands North Carolina’s contributory negligence law and how to counter it, this law can be one of the biggest pitfalls for claimants.
Once it is proven that another party has a duty towards you, it must be proven that the duty was breached This is usually a fairly straightforward task in motor vehicle wrongful death cases, but may be complex is other types of cases, where what constitutes a breach is less clear.
The next element of negligence is causation, which means that the breach of duty must also be the cause of the victim’s injuries or death. Medical testimony is usually required to prove causation, except in cases where no one would dispute that the injury was caused by the crash. In wrongful death cases, causation is usually not contested, but may be if there is an argument that the victim died from causes other that the crash.
The final step, after proving duty, breach, and causation, is proving damages. Some elements of damages, like medical bills and lost income, are typically straightforward in wrongful death cases. Nonmonetary damages, like loss of companionship and services, are much more complex and require the consideration of factors that range from personal characteristics of the victim and their relationship with their family to the county in which the case would be tried if it went to a jury.
Your local wrongful death attorney from Johnson & Groninger PLLC will handle of all these complexities to help your family receive the proper compensation for all of your losses.
The pursuit of a wrongful death action starts with the collection of evidence and ends with a successful insurance or company settlement negotiation or a jury verdict.
Throughout the process of building a case, the defense (either an insurance company, corporation or individual defendant) will defend the claim by looking for evidence that helps them deny responsibility or argue for lesser damages. Understanding this process can be an insurmountable task, compounded by dealing with the loss of a loved one.
Your Charlotte wrongful death lawyer from Johnson & Groninger PLLC helps by handling the entire process of your wrongful death claim so you don’t have to worry about potential pitfalls. Hiring a lawyer who is experienced in handling and litigating wrongful death cases is your best bet to ensure you recover the full amount of your and your family’s damages.
Working with a wrongful death attorney can help you focus on managing your life after your loss. We handle everything from the gathering of evidence to the negotiating of your claim with the insurance company, taking the stress out of your daily life.
Having a wrongful death attorney by your side as soon as possible after your loss will provide you with the support and advocacy you need. To set up an initial case assessment on your wrongful death claim, schedule an online consultation or call (919) 240-4054 now.
We represent clients statewide, with offices in Durham and Charlotte. Whether you’ve been injured at work or hurt in a crash, we’ll meet you where you are.
