Compassionate Representation After the Loss of a Loved One
If you lost your family member because of someone else’s negligence, you should speak with our Charlotte, NC wrongful death lawyer. Your family may be entitled to compensation. Ted A Greve & Associates can help you pursue a timely claim against the negligent parties.
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Wrongful Death Basics
A wrongful death lawsuit is filed with the help of a Charlotte, NC wrongful death lawyer against the person or company responsible for causing your loved one’s death. If that person or company is found guilty, they could be forced to pay damages and punitive damages as well as cover your legal costs. The amount of damages awarded depends on how much money you need to cover your expenses, such as funeral costs, medical bills, and lost wages. In many states, there are also caps on what can be awarded depending on how long you’ve been married or how much money your spouse made before their death. In North Carolina, there are two types of wrongful death claims: survival actions and survival actions with pre-death injuries.Understanding Wrongful Death
Wrongful death is defined as a person’s death caused by someone else’s intentional or unintentional actions. It can include acts such as murder, assault and battery, sexual assault and battery, vehicular manslaughter, and drunk driving accidents. If someone dies because of these actions or in an accident that was caused by another person’s negligence, then the victim’s survivors may be able to file a wrongful death lawsuit against those responsible for their loss.Filing a Wrongful Death Lawsuit
When someone dies due to another person’s actions or negligence, their family members may be able to file a wrongful death lawsuit against those responsible for their loss with the help of a Charlotte wrongful death lawyer. The types of relatives who can file a wrongful death lawsuit include parents, spouses and children. Some states allow other relatives to file such cases as well, including siblings and grandparents. The statute of limitations for filing a wrongful death claim is dependent on where you live and the circumstances of your case. In North Carolina, for example, there is no statute of limitations for filing a wrongful death claim if someone dies as a result of medical malpractice or defective products. If the cause of death was negligence by another person or company, however, then the statute of limitations is two years from the date of injury or one year from when you knew or should have known about it.Key Considerations of a Wrongful Death Lawsuit
Each Charlotte, NC wrongful death lawyer from Ted A. Greve & Associates is dedicated to fighting for families who have lost their loved one due to the negligence or recklessness of another party. North Carolina law allows civil action against the at-fault party for families to recover financial compensation for both the emotional losses and the financial losses their loved one’s death has caused.Right to File
Every state sets its own rules regarding who can file a wrongful death lawsuit. Under North Carolina law, only a personal representative of the victim may file. Typically, the personal representative is the executor that was named to oversee the victim’s estate. If the victim did not have an estate plan in place, then the family may petition the court to request that a personal representative be named who can pursue the lawsuit.Statute of Limitations
North Carolina has also set a statute of limitations for how long the personal representative has to file the lawsuit. In most cases, it is two years from the date of the victim’s death. There are some exceptions to that rule and a Charlotte wrongful death lawyer can determine what the time frame is in your particular circumstances.Types of Damages
In a wrongful death lawsuit, the parties may pursue pecuniary damages for the victim’s death. These are typically broken down into two types. Economic damages are those that have a calculated dollar amount to them. Non-economic are those losses that have a subjective value. The types of losses that fall under economic damages include funeral and burial expenses, medical expenses for life-saving efforts of the victim, loss of income the victim would have provided in the future, loss of benefits the victim would have provided in the future, value of the services the victim contributed to the family, loss of inheritance, and more. The types of losses that fall under non-economic damages include pain and suffering, emotional distress, grief, loss of companionship, loss of guidance, loss of love, and more. If the actions of the at-fault party were especially egregious, there may also be punitive damages awarded in the lawsuit. Punitive damages are separate from pecuniary damages as they are directed to the party that caused the accident as a way to punish them for their bad behavior. These damages are also meant to send a message to society that this type of behavior will not be tolerated. An example of cases where punitive damages are often awarded is fatal drunk driving accidents.Common Misconceptions About Wrongful Death Cases
Nothing can ever make up for the death of a loved one, but filing a wrongful death claim can help you recoup some of the financial losses that resulted from the death, such as funeral and burial costs and lost future wages. These losses can definitely cause you and your family a financial burden. However, some people shy away from filing these claims because they have misunderstandings about wrongful death claims. Here are some common misconceptions about wrongful death cases that you should not believe.- You can file a wrongful death claim whenever you want
- If the death was an accident, you can’t file a wrongful death claim
- If the deceased had life insurance, filing a wrongful death claim is not necessary
- It is too expensive to file a wrongful death claim
Charlotte Wrongful Death Infographic
