Losing a loved one in an untimely situation due to the negligence of another party can be devastating for the surviving family along with the victim. decedent when the victim is an adult. Wrongful death cases also commonly involve children as well under certain conditions, which also impact their siblings, parents and grandparents. The North Carolina state legislature has actually set them aside with special standing that excludes any proceeds from a wrongful death claim from being part of the decedent estate. This means that all damages are awarded to the survivors and actually their property with financial compensation for injuries up until the time of death only being allowed as part of the estate. And cases can come from a wide range of scenarios.
Wrongful Death Lawsuits – Impaired Driving Auto Accidents
Fatal auto accident cases are some of the most common types of wrongful death claims in North Carolina. They many times include accident cases where someone dies due to the reckless disregard of another driver, including those who are influenced by alcohol at the time of the incident. It is not necessary for an impaired driver to be over the legal blood-alcohol concentration limit either, and those who are could face punitive damage awards as well in both the personal injury case and a wrongful death lawsuit by the surviving family.
Wrongful Death Lawsuits – Truck Accidents
A standard vehicle is never a physical match for a commercial truck on the highway, especially at a high rate of speed. Accidents can happen on the open road that can involve multiple vehicles, and even the drivers of a passenger vehicle can be held liable as well depending on material evidence. Fatalities are the overwhelming result of truck accidents, and many times vicarious liability also exists for employers and shipping contractors who have improperly loaded cargoes that shift during the transportation process. This means that additional avenues of financial recovery may exist in a wrongful death lawsuit, including punitive damages in egregious gross negligence situations.
Wrongful Death Lawsuits – Medical Malpractice
Everyone likes to think that they are in safe hands with their doctors and surgeons, but the truth is that they can make mistakes easily when practicing medicine. Bad decisions by medical professionals can result in death in certain situations. Additionally, any breakdown in communication between nursing staff can also be problematic. Even failure to issue proper medications or issuing the wrong prescriptions can be an issue. There is any number of actions or failure to act in a reasonable manner that could justify a medical malpractice wrongful death lawsuit when certain evidence of negligence exists, including a birthing death.
Wrongful Death Lawsuits – Workplace Accidents
Many North Carolina residents have very dangerous jobs such as those working along the seaboard and in the construction industry. Construction alone constitutes many a wrongful death lawsuit when employers are lax with respect to worker safety or even those who are close to the work site. There are also often many different contractors on construction sites, and they are commonly located in urban areas near other people passing by where safety issues or equipment malfunction could lead to a bad event where people die needlessly. These accidents always require in-depth investigations by experienced personal injury attorneys who know what to look for and how to go about acquiring necessary information that can be used in crafting a solid case.
Wrongful Death Lawsuits – Intentional Criminal Acts
Not every wrongful death lawsuit stems from an accident. Sometimes individuals attack others with the intent to induce severe injury or even kill them in some situations. This can happen anywhere at any time in the current social climate in which we live, but those who perpetrate these crimes are not exempt from liability. Not only do they face criminal charges, but they are also civilly liable for their intentional actions toward others even when they only intend to hurt the victim. Punitive damages could also be in line when this occurs, and it is always vital to have an aggressive lawyer who can prove intent when the defendant is trying to avoid both prosecution and a wrongful death lawsuit. This is the worst-case scenario for survivors, but it does indeed happen more often than many want to admit.
Contact Our Law Firm For Comprehensive Representation
The attorney that is chosen to represent a wrongful death case in North Carolina can have a major impact on the outcome. Wrongful death cases are commonly strongly defended, and even 1% of personal contribution by the victim can result in both the personal injury case being dismissed and a wrongful death lawsuit not being allowed. Details of the case matter significantly in all wrongful death cases. If you have lost a loved one, call our office today and let us perform a full investigation into your potential financial recovery options.