The loss of a loved one to an accident is devastating. The emotional pain can never be adequately described. The sadness of losing someone and the anger you experience knowing it was due to someone being careless or reckless can be overwhelming.
Add to this grief the fact that you are facing severe financial hardships due to your loss, hardships preventing you from taking the first steps to getting your life back on track, and you may feel as if there is no end to the misery. But there is help available at least to assist in taking to task the guilty party and working toward a financial settlement. If you find yourself in this position, speak with a lawyer about filing a wrongful death lawsuit.
We understand that a wrongful death lawsuit will not give you back your loved one, but a successful outcome to a claim for financial compensation can help relieve some of your stress and allow you to move forward with recovery from your loss at your own pace. Knowing that your debts related to the accident are covered and that there is money to support your family will give you the ability to concentrate on healing from your loss.
Defining A Wrongful Death In The Context Of A Lawsuit
Wrongful death is defined by law in this context as denoting a civil action in which damages are sought against a party for causing a death, typically when criminal action has failed or is not attempted. A personal injury lawsuit can be made when the person is killed due to another party’s negligence or intentional act.
A Wrongful death claim enables the estate of the person killed to file a lawsuit against the party who is legally liable for the death.
North Carolina Laws Regarding Wrongful Death Lawsuits
North Carolina law requires the estate representative of the deceased to file a wrongful death lawsuit. The personal representative of the estate is whoever is named to handle this duty in the Will. If the person dies without having a Will or naming a personal representative, the State will appoint a representative based on Intestate laws. The court system will most likely select the surviving spouse or a direct family member to hold this position.
You will need the legal assistance of a personal injury lawyer experienced in filing wrongful death suits to file a lawsuit. Your wrongful death attorney will build your case by proving negligence and establishing fault for the death of your loved one. Once this has been established, they will seek compensation on behalf of the estate for the surviving spouse/families losses.
North Carolina law requires that a wrongful death case must be filed within two years of the original accident date. Since in some cases the actual death occurs at a date some time later than the accident, it is imperative that you speak with an attorney as soon as possible so that you do not lose your right to seek compensation for your loss.
The loss of a family member is life-changing. It is essential that you seek the support you need from loved ones and friends during your time of grief. Having an experienced attorney handle all of the legal issues will give you one less thing to worry about during this trying time.