Raleigh Wrongful Death Lawyer
Losing a loved one is difficult. But the loss may be even more wrenching and painful if the death was caused by someone’s recklessness or negligence and was preventable. Such an unexpected loss can be devastating to survivors financially as well as emotionally. If you have lost a loved one in a wrongful death accident, you need a compassionate and knowledgeable attorney who can answer your questions and offer trusted guidance.
If your family has lost a loved one because another person acted improperly or was at fault, you may have a legal right to seek compensation for your losses. You should not be burdened with medical bills and funeral expenses if someone else caused a fatal accident that took your loved one’s life.
The wrongdoer should be held accountable. Although no amount of money will replace your loved one, a full settlement of a wrongful death claim may help your family regain financial stability, pay debts, reach a sense of closure about your loved one’s loss and move forward with dignity.
Even though you may still be mourning your loved one’s death, time is of the essence in considering a wrongful death claim. It is important to consult an attorney as soon as possible to discuss your legal options. Choosing an experienced wrongful death attorney is one of the most important steps you can take. Our compassionate attorneys at Hardison & Cochran can guide you through the legal process and stand by you every step of the way. Contact the Raleigh wrongful death lawyers at Hardison & Cochran toll-free at 800-434-8399 today or through our online contact form to discuss your case. You’ll get a response within 24 hours, and your initial consultation is always free.
What is a Wrongful Death Claim?
Wrongful death is a legal term that refers to a death caused by someone else’s negligent action, failure to act, or criminal misconduct. Survivors can file a wrongful death lawsuit against a reckless or negligent party to seek compensation for their loss. A wrongful death claim is a civil lawsuit that seeks monetary compensation. The civil lawsuit may be brought even if there is an ongoing criminal prosecution related to the death. It is separate from any criminal prosecution that may arise after a death caused by malice or misconduct.
North Carolina General Statute 28A‑18‑2 says that when a person’s death is caused by “a wrongful act, neglect or default of another,” the person, corporation, or entity responsible may be sued just as they could have been if the deceased person had lived. Such claims are pursued by the deceased’s family member or on behalf of the deceased’s estate.
To prevail in a wrongful death claim, a deceased’s survivors or the estate must show that a wrongful act, neglect, or default on the part of the defendants caused the death.
Who Can File a Wrongful Death Lawsuit in North Carolina?
North Carolina law pertaining to wrongful deaths specifies that the administrator or executor of the deceased person’s estate may bring a lawsuit. In some instances, a surviving spouse, parent, or an adult child may serve as executor. The suit seeks compensation on behalf of the estate and the legal beneficiaries who typically are the surviving spouse and children.
If the individual who died had a written will, the executor named in the will serves as the personal representative who may bring a wrongful death case. If the person died without a will, then the court appoints an administrator of the estate and the administrator is responsible for bringing the claim.
What Must Be Proven in a Wrongful Death Case?
A person who brings a wrongful death claim needs to show proof that the alleged wrongdoer:
- caused the individual’s death
- should have foreseen that the individual’s death was a predictable result of his or her carelessness, failure to act, or misbehavior.
For example, car accidents are common causes of wrongful death cases. A driver who is exceeding the speed limit and driving 90 miles per hour should be able to foresee that their unsafe driving may cause a serious or fatal car crash. If the speeding driver causes a fatal accident, the negligent driver may be held liable for providing compensation to the family of the person or persons killed.
Types of Compensation in a Wrongful Death Claim
North Carolina’s Wrongful Death Act spells out the types of damages that may be recovered in a wrongful death action. Compensation may be claimed for:
- Medical expenses including hospitalization and hospice care
- Funeral expenses
- Pain and suffering the person suffered before death
- Income and benefits the deceased person would have earned
- Loss of companionship and services that the deceased would have provided
- Punitive damages, which are intended to punish the wrongdoer, may be sought if the death was caused by willful acts or malicious conduct–not all wrongful death lawsuits seek punitive damages
- Additional damages as the jury sees fit.
The law does not address specific grounds for a wrongful death lawsuit in North Carolina. Incidents that may lead to an accidental death include, but are not limited to:
- Car accidents involving fatalities, including those caused by drunk drivers, drugged drivers, distracted drivers, speeding drivers, or other types of driver negligence;
- Deadly motorcycle/moped accidents, including those caused by automobile drivers who failed to see motorcycles, drunk drivers, drugged drivers, and distracted drivers;
- Fatal truck accidents involving tractor trailers and other vehicles caused by violations of Federal Motor Carrier Safety Administration (FMCSA) regulations by a truck driver or carrier company or other driver;
- Boating accidents, including personal watercraft / Jet Ski, water skiing, and tubing accidents;
- Workplace injuries, such as construction site accidents;
- Occupational exposure to hazardous materials or substances such as asbestos;
- Nursing home neglect and abuse;
- Defective products, including dangerous drugs and defective medical devices.
Regardless of how your loved one’s death occurred, our dedicated attorneys are ready to assist. Wrongful death cases require thorough investigations that must start promptly so that records can be obtained, medical experts can be consulted and witnesses can be interviewed before their memories fade and evidence is lost. Wrongful death claims in Raleigh, North Carolina must be filed within two years of the decedent’s date of death.
When someone dies unexpectedly, the surviving family members must contact an experienced Raleigh wrongful death lawyer, such as the attorneys at Hardison & Cochran, as soon as possible to discuss the details. Our compassionate and knowledgeable attorneys offer a courtesy consultation to review your loved one’s accident and explain your legal options. People who lose a loved one on whom they depended financially and emotionally deserve to be compensated for their losses. Aggressive legal help is usually required to realize that goal.
How Our Raleigh Wrongful Death Lawyers Can Help
When you hire Hardison & Cochran, you get a dedicated team that will:
- Investigate the cause of death
- Identify all liable parties (individuals, businesses, manufacturers)
- Locate applicable insurance policies
- Determine eligible beneficiaries
- Gather and preserve evidence
- Work with medical and financial experts
- File insurance claims and lawsuits
- Aggressively represent your interests in court if needed
Does It Matter If the Deceased Was Partially at Fault?
Under the North Carolina law of contributory negligence, an individual who is partly responsible for an accident is not allowed to recover damages. However, determining who is at fault and who is negligent is a complicated legal issue. It is important to have a knowledgeable lawyer review the specific facts of the accident and advise you of your legal options.
What is the Statute of Limitations for Filing a Wrongful Death Claim?
The survivors of an individual killed in an accident or a representative of the person’s estate have two years from the date of death to file a claim in North Carolina. In certain cases, more than two years may be allowed to file a lawsuit.
It is important to consult with a knowledgeable attorney as soon as possible about your family’s loss because of the amount of time needed to gather evidence and sue for wrongful death lawsuit before the expiration of the statute of limitations.
Why Choose Hardison & Cochran?
- Decades of experience in personal injury and wrongful death cases
- Local knowledge of Raleigh courts and North Carolina laws
- Compassionate, responsive support for grieving families
- Free consultations and no fees unless we win your case
You don’t have to face this alone. Let us help you find justice and financial stability.
Contact Our Raleigh Wrongful Death Lawyers Today
If your loved one died due to someone else’s negligent or wrongful actions, call our Raleigh wrongful death attorneys today at 800-434-8399, or fill out our online contact form for a free consultation. We’ll respond within 24 hours and help you understand your legal options.
