“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.”
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.
Contact Our Firm Today
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.
Need A Personal Injury Lawyer?
Helping injured people is what we do. Contact us today for a free consultation to
find out how we can help you.
Hear it from our clients
“We hired Martin & Jones in March 2015 and Steven Corriveau became our personal lawyer. Steven is a true professional who is understanding and easy to communicate with. He clearly explained the legal process to us. We are confident in the specific information, advice and feedback he gives us and know that he always has our best interest in the case. He responds quickly to our questions and concerns being available 24 hours a day. As our legal journey continues we look at the number of contacts we have with Steven. There have been 52 plus phone calls and conversations, 50 plus emails, 3 plus personal meetings, and 18 plus legal documents. We are honored to have such a caring lawyer as Steven in a stressful situation, in which he makes the process less difficult. We highly recommend Steven Corriveau who is great, intelligent, persistent and will deliver to the client. Our expectations are very high and Steven is the best.”
- Ronnie & Patricia
“We would like to express our gratitude to you (Hunt Willis) for accepting our case. First of all, when I called this law firm, a very sweet and kind lady answered the telephone and gave me assurance by asking and going over the accident with me, while my husband was in the hospital. I felt assured I was doing the right thing for us. She was so helpful in so many ways. What a professional lady. Secondly, we are much pleased that you have settled this case with the insurance company to receive the proper amount to assist us in so many ways. My husband and I are very happy with you and the firm in handling our case. You made us have confidence in your professional and integrity along with your assistant Ms. Routh, when you both came to see us in our home, in which we saw your compassion and thoughtfulness at that time. We will never forget what you have done for us, and we thank the lord for directing me to contact this firm. I’m glad I did.”
- Linda
“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.”
- Dan
“Thank you for always making me feel welcome and at ease in your office. I respect the work you do and your enthusiasm for it and am grateful for your talents.”
- Tracy
“Thank you for the work you have done for Carl and our family. We so much appreciate your sincere professionalism and kindness you showed us. I know Carl is smiling right now and the Lord has blessed usthrough you. May God bless you.”
- Connie, whose husband Carl worked as a brakeman for CSX Transportation and died of mesothelioma
“Thank you for your concern of my well-being every time I spoke with you. It always meant so much. I hear nothing but awful stories of dealing with attorneys and their offices, but I have had nothing but positive experience. You have many special ways of working with people in need of help. Words can never express the way your support has been so helpful. I pray you will continue to help others. I wish you all the best.”
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.