Pursuing Justice After A Wrongful Death
The death of a loved one brings devastating personal and emotional loss. Even as you and your family are dealing with the unimaginable struggle of going forward, you may be facing unexpected financial and other problems. While we can’t eliminate the pain of your loss, we can fight for you to obtain the only justice the civil justice system allows – compensation for the loss of your loved one.
Who May Bring A Wrongful Death Lawsuit In North Carolina?
In a personal injury case, the injured person is the plaintiff. In a wrongful death lawsuit, it is generally family members who are the plaintiffs. North Carolina law has specific statutes detailing who qualifies to bring a wrongful death suit. A wrongful death action may be brought only by the personal representative or collector of the decedent.
Thus, a parent may not maintain an action in his or her individual capacity for the death of a minor child; likewise, a spouse may not maintain an action in an individual capacity for death of the other spouse. The wrongful death action must be brought by the personal representative in that official capacity. The personal representative is the executor or executrix of a person who dies with a validly executed will and the administrator of a person who dies without ever having executed a will.
A wrongful death claim is a civil lawsuit brought by the personal representatives of the deceased person. Wrongful conduct can stem from any number of situations, including:
- Car accidents
- Truck accidents
- Bicycle or pedestrian accidents
- Nursing home abuse
- Motorcycle accidents
- Medical malpractice
- Drug and products injury
- Workplace accidents
- Premises liability
- Airplane accidents
- Medication errors
- Boating accidents
Compensation For The Death Of A Family Member
Various personal injury damages are possible in a wrongful death claim in North Carolina. While specific award amounts fluctuate based on the circumstances of each case, damages are usually divided according to whether they compensate the deceased’s estate for losses associated with the death or the deceased’s surviving family members for the losses they’ve suffered as a result of the death.
Losses that are often associated with the estate can include the following:
- Medical bills or costs incurred during the deceased’s final injury or illness
- Funeral and any other burial expenses
- Lost income, including future income the deceased would have been expected to earn
The surviving family members often recover the following types of damages:
- Loss of anticipated income
- Value of other household contributions
- Loss of love, companionship, emotional support and guidance
Your pain matters, and we want to help you find some solace after this inconceivable loss.
Negotiating A Settlement For A Fatal Accident
Even at such a horrible time, insurance companies and other parties will do everything they can to settle your claim for the smallest dollar amount possible. They do not want to risk an attorney getting involved, especially after a fatal accident.
Insurers usually make a lowball offer when you’re at your most vulnerable and hope you will settle as fast as possible without thinking about the full value of your claim.
But your Charlotte, North Carolina, wrongful death attorney will ensure that your voice is heard. We will communicate with the insurance company on your behalf, negotiating and taking care of all communication so you are free to concentrate on the grieving process.
At Burts Law, PLLC, we will also investigate the circumstances surrounding the death of your loved one. Gathering evidence and witness testimony is most effective as close to the time of wrongful death as possible.
After the unexpected death of a loved one, we often cope by thinking in minutes and hours. Unfortunately, North Carolina mandates that a wrongful death claim be filed within two years of a loved one’s death. It is critical that you consult with a Charlotte Wrongful Death Attorney on statute of limitation issues (the time you have to file the suit). Hiring a lawyer will ensure that you do not miss your chance to recover the compensation you are owed.
At Burts Law, our Charlotte Wrongful Death Attorney can help to determine the cause and document the evidence showing fault in the death of your loved one. A successful suit requires that the victim’s death be caused by the wrongful act or negligence of another.
Truck Accidents Can Be Devastating
Burts Law, PLLC also handles truck accident cases. A truck accident falls under the category of traffic accidents, so all the rules that apply to general traffic crashes also apply here. There are two major differences that exist between car and truck accidents.
Number one is the degree of injuries. When two cars crash with each other, there is a high chance that the cars are similar in size and weight. However, when a truck crashes with a car, the car is far outweighed by the truck. Since the truck is much heavier than the car, it is capable of inflicting much more damage upon the car and its occupants. Therefore, the degree of injuries is usually much higher in truck accident cases.
Most of the time, these injuries will forever change the lives of the victims. This is the bad news. The good news is that commercial trucks and semitrucks usually carry better insurance. One problem that many people in accidents face is low insurance limits. If your case is worth one million dollars and the negligent party only carried a $30,000 policy, then that’s all you can get (unless there are extenuating circumstances). Fortunately, trucks usually carry commercial policies, sometimes one million dollars and above.
Therefore, if your damages are high, you have a good chance of collecting against the insurance company. Once again, the insurance company will try to trick you and get you to settle for less than the value of your case. Therefore, it is in your best interest to hire a truck accident attorney to help you receive the compensation that you deserve. If you do this alone, you might walk away with a few thousand dollars, while an experienced accident attorney may get you millions of dollars. If you are looking for an extremely dedicated Charlotte Truck Accident Attorney in Charlotte, North Carolina, we invite you to contact our firm for a 100% free, no-obligation personal injury consultation.
Charlotte Wrongful Death Attorney Legal Consultation
Burts Law, PLLC will fight to obtain the compensation that you deserve. If you have lost a loved one because of someone’s negligence or wrongful conduct anywhere in North Carolina, consult with our Charlotte wrongful death lawyer to discuss the details of your case. Don’t hesitate to call our office today for a free consultation with our Charlotte Wrongful Death Attorney.
Our Charlotte Personal Injury attorney is available 24/7. Call 866-287-8752 for a free consultation.