Call Us 919-240-4054Losing 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 claim seeks to put you and your family in as close a financial position as where you would have been if 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 one. There is no formula for this type of valuation; it is determined on a case-by-case basis.
A North Carolina personal injury lawyer from Johnson & Groninger PLLC can review your wrongful death case. Schedule your appointment by calling (704) 200-2009 today.
How Does North Carolina Define Wrongful Death?
North Carolina law defines wrongful death as “the death of a person caused by a wrongful act, neglect, or default of another.” The statute allows the deceased person’s estate (typically represented by a family member) to bring a claim against the person or corporation that would be “liable to an action for damages.”
As with other negligent claims, damages include monetary, non-monetary, and short and long-term damages. We’ll discuss more below.
4 Important Things to Know About Your NC Wrongful Death Claim
First and foremost, only specific individuals may file a wrongful death claim. Aside from this rule, others 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.
1. Who May File
North Carolina law states that a wrongful action can be brought by “(t)he personal representative or collector of the decedent.”
This means that only a person designated as the personal representative of the deceased’s estate can file a claim on their behalf as the “plaintiff.” The plaintiff is the person 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 on whether the deceased person had a will.
If the Deceased Had a Will
When the deceased has a will, the personal representative will be the executor named in the will. This will often be a surviving spouse of the deceased or maybe an attorney if they have one.
If the Deceased Did Not Have a Will
If your loved one did 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.
Intestate succession 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 deceased’s representative, the court will appoint the public administrator to serve.
2. Types of Recoverable Damages
When you have lost a loved one due to a tragic crash, it’s first necessary to prove that someone or something else was at fault or “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 entitled to compensation, you must prove that you suffered damages and that the damages result from the other person’s (or corporation’s) negligence.
The list of damages that a family may claim in a wrongful death case include:
Medical expenses
You’re entitled to the cost of any medical expenses linked to the crash that led to your family member’s death, including emergency room care and any ongoing care that was necessary before their passing.
Funeral and burial expenses
The costs associated with the funeral are included in the wrongful death as these costs would not have been incurred were it not for the fatal injury.
The deceased person’s pain and suffering before they died
When a person experiences pain and suffering before their death, the family may receive the compensation that their loved one would have received had they survived.
Loss of the deceased person’s income
Losing a loved one can leave your family with reduced income for many years. Part of your wrongful death damages includes the replacement of the income of your lost loved one from the time of the crash through the likely remainder of their working life.
Loss of companionship and services provided by the deceased
Wrongful death claims seek to compensate you for not only the lost financial contributions of your loved one but also their emotional contribution to your household.
The law also allows compensation for the loss of services, such as the cost of hiring someone to do things your loved one would typically have done around the house.
3. Who Receives Compensation
Only certain persons can collect the proceeds of a wrongful death claim or 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. This is true, even if your deceased loved one had a will.
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 have access to the wrongful death proceeds, except for medical providers who treated the victim for injuries from the crash. 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 will’s beneficiaries.
4. How Long You Have to File
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 crash that led to the victim’s death.
The best way to ensure that you file promptly 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 prepare a lawsuit.
What Are The 4 Steps In Proving Wrongful Death?
1. Duty
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 with 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 companies have to ensure that their products are safe for their intended use.
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 three 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 at 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.
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 three other states, and the defense will take full advantage of it by trying to pin some fault on the victim.
We’ve seen cases where the defense argued that the victim was at fault for not looking before proceeding through a green light, even though the defendant blew a red light.
Without a Charlotte wrongful death attorney who understands North Carolina’s contributory negligence law and how to counter it, this law can be one of the biggest pitfalls for claimants.
2. Breach of Duty
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 in other instances in which what constitutes a breach is less clear.
3. Causation
The next element of negligence is causation, which means that the breach of duty must also cause the victim’s injuries or death. Medical testimony is usually required to prove causation, except in cases where no one would dispute that the crash caused the injury. In wrongful death cases, causation is usually not contested, but maybe there is an argument that the victim died from causes other than the crash.
4. Damages
After proving duty, breach, and causation, the final step is proving damages. Some elements of damages, like medical bills and lost income, are typically straightforward in wrongful death cases.
Non-monetary damages, like loss of companionship and services, are much more complex and require the consideration of factors ranging from the victim’s characteristics and their relationship with their family to the county in which the case would be tried if it went to a jury.
Your Charlotte wrongful death attorney from Johnson & Groninger PLLC will handle all these complexities to help your family receive the compensation you deserve for your losses.
How Can A Charlotte Wrongful Death Attorney Help My Case?
Pursuing a wrongful death action starts with collecting evidence and ends with a successful insurance or company settlement negotiation or a jury verdict.
While building a case, the defense (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 impossible task, compounded by dealing with the loss of a loved one. Hiring a lawyer experienced in handling and litigating wrongful death cases is your best bet to ensure you recover the total amount of your and your family’s damages.
Did you lose a loved one in a crash that wasn’t their fault? We can help.
To be transparent, insurance companies and law enforcement may assign fault incorrectly. In other words, even if a police report or insurance adjuster tells you that your deceased family had some fault in their death, it is usually a good idea to get an opinion from an experienced wrongful death lawyer.
Working with a Charlotte wrongful death attorney can help you focus on managing your life after your loss. We handle everything from gathering evidence to negotiating your claim with the insurance company, taking the stress out of your daily life.
Having a North Carolina personal injury lawyer by your side as soon as possible after your loss will provide you with the support and advocacy you need. Schedule an online consultation or call (704) 200-2009 now to set up an initial case assessment on your wrongful death claim.
