Losing a loved one due to another’s negligence or wrongdoing is an unimaginable tragedy. Although money cannot bring back the loved one you lost, your family can pursue justice and compensation for this devastating loss through an insurance claim or lawsuit. At Ted A. Greve & Associates, our experienced wrongful death attorneys in Hickory, NC, are not just here to guide you through every step of the claims process but to support you in every decision and provide you with legal advice aimed at securing the case result you deserve.
Damages and Compensation in Wrongful Death Lawsuits in Hickory
Wrongful death lawsuits aim to provide financial relief to families who have lost a loved one due to someone else’s negligence or misconduct. Under North Carolina law, compensation may include:
- Economic damages can be paid for medical expenses, funeral costs, and the loss of income or future earning potential of the deceased. Courts and insurance companies evaluate what the deceased would have likely earned over their lifetime, including raises and promotions.
- Non-economic damages are compensation for pain and suffering, loss of companionship, and emotional distress caused by the untimely death.
- Punitive damages are awarded in rare cases to penalize egregious negligence or intentional harm. These damages can only be awarded by a court and are unavailable in a settlement.
Wrongful death settlements in North Carolina can range from hundreds of thousands to millions of dollars, depending on the specifics of the case.
Definition and Explanation of Wrongful Death in North Carolina
A wrongful death occurs when someone dies because of another party’s negligence, intentional act, or recklessness. North Carolina’s Wrongful Death Act allows a civil action to be brought to secure compensation for losses suffered by the deceased’s heirs. Under this act, the party responsible for the death can be held accountable and made to provide financial support to the decedent’s family or dependents.
It’s essential to note that under North Carolina law:
- The compensation belongs to the legal heirs, typically the surviving spouse and children, as defined by NC intestacy laws.
- Compensation is not capped, but public filings must state that the damages sought exceed $10,000.
Eligibility for Filing Wrongful Death Claims in Hickory, NC
North Carolina law specifies who can file a case for wrongful death and what they must prove to prevail in such a claim.
Who Can Legally File?
In North Carolina, wrongful death claims must be filed by the personal representative of the deceased’s estate. This individual, who is typically named in the deceased’s will or the court will appoint if no will exists, acts on behalf of the deceased and their beneficiaries. While the representative files the claim, the beneficiaries, usually the surviving spouse, children, or other legal heirs, receive compensation.
Key Elements of a Wrongful Death Case
To bring a successful case for wrongful death, the personal representative and their lawyer must prove the following elements:
- Duty of Care: The defendant owed a duty of care to the deceased.
- Breach of Duty: The defendant’s actions or negligence breached this duty.
- Causation: The breach directly caused the death.
- Damages: The surviving family members suffered financial and emotional losses as a result.
Unique Considerations for Damages in Hickory, NC
Damages in wrongful death cases are calculated based on tangible and intangible losses. Courts assess:
- Medical expenses incurred by the deceased from the time of the accident until their death
- The deceased’s income and future earning potential
- Cost of the loss of the deceased’s protection, services, care, and assistance
- Loss of the society, companionship, comfort, guidance, and advice of the deceased
- The extent of the pain and suffering endured by the deceased
- Funeral and burial expenses of the deceased
- The emotional and financial impact on the surviving family members
Time Frame: Understanding the Statute of Limitations
In North Carolina, wrongful death lawsuits must be filed within two years from the date of death. This may be different from the date of accident. Failure to file your lawsuit on time could result in you and your family being ineligible to receive compensation for your loved one’s death. The court has the authority to dismiss a case without a hearing if it is filed after the statutory period lapses.
The Legal Process and Importance of Hiring a Wrongful Death Attorney
There are a variety of reasons why you need to hire a seasoned attorney to handle your wrongful death claim. Not least among these reasons is that a North Carolina wrongful death lawyer is already familiar with the state’s laws and how the system works when it comes to securing compensation in a wrongful death lawsuit. If you were to try to handle the case on your own, you’d have to figure out court deadlines, which papers are required to be filed when, and what evidence you’d need to prove that your loved one’s death qualified as “wrongful.”
Additionally, you’d need to know how to prove that another party was at fault for the death.
Proving Negligence in Wrongful Death Cases
Gathering and presenting compelling evidence that proves the other party’s role in your loved one’s death is crucial to securing your claim. Good evidence includes:
- Accident reports and medical records
- Eyewitness testimony
- Expert analysis, such as accident reconstruction
Proving negligence can be challenging without a thorough and strategic approach. Insurance companies often seek to minimize payouts by disputing fault or downplaying damages. Your lawyer will know how to build a compelling case using solid evidence that shows how someone else was responsible for your loved one’s death.
How an Experienced Wrongful Death Attorney Can Assist
Hiring an experienced wrongful death attorney is vital to navigating the legal complexities and maximizing compensation. At Ted A. Greve & Associates, we:
- Conduct thorough investigations to determine who was at fault
- Gather evidence from which we can build a strong case
- Handle all communications with insurance companies and opposing parties
- Advocate aggressively for fair compensation during settlement negotiations or at trial
- Provide compassionate support to families during this difficult time
If you’ve lost a loved one due to someone else’s negligence or malice, don’t face this challenging journey alone. Contact Ted A. Greve & Associates today for a free consultation, and let’s pursue the justice you and your family deserve.
