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Wrongful Death FAQs
Wrongful Death FAQs
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“I would like to leave a testimonial thanking Steven and Allison for their care and understanding. Steven’s pursuit and success in getting some compensation for our loss. A final closure of our loss of brother Mike. Thanks to Martin & Jones for looking after Mike’s care since his injury in 2005. You have been there for Mike and his family for a long time. Mike passed in 2016 and you stood for the family up to the present (July 2017). Many thanks.”

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If you’re seeking answers to questions surrounding wrongful death claims, read through the Frequently Asked Questions below. If you’d like to learn more, please don’t hesitate to reach out to our North Carolina wrongful death attorneys.

Am I Eligible to Collect Damages in a Wrongful Death Lawsuit? 

Whether and to what extent you will be able to collect damages for wrongful death depends on your relationship to the deceased and the other relatives who are also survivors. Under North Carolina law, wrongful death actions are civil cases filed by the personal representative of the decedent’s estate. This will be the designated executor if the victim had a will or the court-appointed administrator if he did not. 

If the plaintiff prevails, monetary damages do not become part of the estate but are distributed among the surviving family members in the manner set forth in North Carolina General Statutes which govern who inherits what property after a person dies. Your Raleigh wrongful death lawyer will be able to explain the details. 

What Is Needed to Prevail in a North Carolina Wrongful Death Lawsuit?

To recover in a wrongful death lawsuit, the plaintiff must bring suit in a timely manner, show that the defendant was wholly responsible for the fatal accident, and demonstrate the losses for which he or she is seeking compensation.

Timely Filing

The plaintiff must file suit within the time period provided by the state’s statute of limitations, generally, the time to file is limited. There are exceptions to this general rule, however, and it can be extremely important that a Raleigh wrongful death lawyer be consulted.  Failure to meet this filing deadline will bar the victim’s representative from bringing suit. 

Your Raleigh Wrongful Death Lawyer Demonstrates the Defendant Was at Fault

In a wrongful death case, the plaintiff must show:

  • That the defendant behaved in a negligent manner,
  • That the defendant’s negligent behavior was directly responsible for the victim’s injuries and death, and
  • That the defendant’s actions were the proximate cause of the damages, that the outcomes of injury and death were foreseeable

What Damages Are Available to the Victim’s Family?

While money can never replace a lost family member, the damages that family members may be awarded in a wrongful death case are designed to help with costs as well as the losses involved. Working with a wrongful death lawyer, compensation may be awarded to help with:

  • Any medical expenses that the victim incurred prior to death
  • Funeral and burial expenses 
  • Pain and suffering caused by the defendant’s actions
  • The loss of the decedent’s income
  • The loss of the decedent’s companionship, protection, care and guidance

If the defendant’s conduct was malicious, willful, or wanton, the survivors may also be entitled to additional amounts in the form of punitive damages, which are designed to punish the wrongdoer.

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If you have questions about a wrongful death claim, please contact our firm today. Our attorneys can answer your questions and provide the guidance you need.

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The law firm you choose makes a difference. If you are the victim of an accident or an illness that someone else caused, the North Carolina personal injury law firm of Martin & Jones has the depth of experience, skills and sensitivity to make your road to recovery as smooth as possible. Whether you have experience with the legal system or have never hired a medical malpractice or personal injury lawyer before, our attorneys and staff will do our best to answer your questions, provide clear advice and prepare you and your family for what to expect. If you would like more information or to meet with one of our attorneys, please fill out the form below or call us at 800.662.1234.