Have you lost a family member in an accident or under circumstances caused by someone else’s actions? The death of a loved one can cause you significant grief, but that sadness can turn to anger when another party causes your loved one’s passing. Turn to Ted A. Greve & Associates PA for experienced, caring legal guidance and support as you seek to recover from the death of a loved one. Our experienced attorneys will sit down with you to discuss your family’s situation, needs, and goals and work with insurance companies to secure fair and full financial recovery.
When a loved one has passed away in an accident caused by another party’s careless or reckless actions, get legal representation to pursue your family’s rights to compensation and justice in a wrongful death claim. Contact Ted A. Greve & Associates PA for a free initial case evaluation with our Shelby law firm to discuss your legal options.
Understanding Wrongful Death Claims in Shelby, NC
In North Carolina, a wrongful death occurs when a person passes away as the direct and proximate cause of another party’s actions. Wrongful death claims frequently arise from accidents that would lead to personal injury claims if the victim survived their injuries, such as car crashes or medical malpractice.
Wrongful death claims can also occur when a person knowingly or intentionally causes a victim’s death, such as in an assault, homicide, or other criminal offense. However, a party does not need to commit a crime to become liable for wrongful death. Instead, a party may bear liability for another party’s death that they caused through careless or reckless behavior.
The Role of a Wrongful Death Attorney in Shelby, NC
After losing a loved one because of someone’s negligence or recklessness, a wrongful death attorney in Shelby, NC, can guide your family through each stage of the claims process. They will take the stress of pursuing a wrongful death claim off your shoulders so your family can focus on grieving and healing. An attorney can help your family by:
- Thoroughly investigating your loved one’s passing to obtain evidence for your wrongful death case
- Identifying potentially liable parties and your legal options for seeking financial recovery
- Documenting your family’s financial and emotional losses to argue your case for full compensation and justice
- Handling the claims process with insurers, at-fault parties, and opposing legal counsel
- Pursuing the best possible resolution to your family’s wrongful death case, whether through a negotiated settlement of your claim or by going to court and trial to demand accountability for your loved one’s death
Common Causes for Wrongful Death in Shelby, NC
At Ted A. Greve & Associates PA, our Shelby attorneys help families seek accountability for their loved one’s deaths due to accidents or incidents such as:
- Truck accidents
- Car accidents
- Uber accidents
- Medical malpractice
- Workplace accidents
- Defective products
- Motorcycle accidents
- Premises liability accidents
- Animal attacks
Filing a Wrongful Death Claim: Key Considerations
Families wishing to pursue financial compensation and justice in a wrongful death claim must deal with various legal considerations. First, North Carolina’s wrongful death statute imposes restrictions on who may file a wrongful death claim. Unlike other states that allow surviving family members to pursue wrongful death claims, North Carolina only allows the personal representative of the decedent’s estate to bring a wrongful death action. A decedent who leaves a will can nominate someone, such as a trusted family member, friend, or professional advisor, to serve as the personal representative of their estate. When the decedent dies without a will, the court can appoint a personal representative.
A family should know what to expect when pursuing a wrongful death action. The process usually begins with an investigation into a decedent’s passing to recover evidence of another party’s fault. After an investigation, a wrongful death claimant may submit an informal claim to the party or parties they’ve identified as liable for the decedent’s passing to begin negotiating a potential settlement of the case. However, when parties cannot settle, the personal representative of the decedent’s estate must file a wrongful death lawsuit to pursue accountability from the at-fault parties in court.
Finally, families must watch the calendar to ensure they do not run afoul of the statute of limitations. In North Carolina, a family has only two years after a loved one’s passing to bring their wrongful death lawsuit. If they file suit after the limitations period expires, the family may lose their legal right to seek financial compensation from those responsible for their loved one’s death.
Compensation and Damages in Wrongful Death Cases
In a wrongful death claim, your family may have the right to pursue financial recovery for economic and emotional losses caused by your loved one’s passing. A Shelby attorney from Ted A. Greve & Associates PA can help you demand compensation for:
- Final medical expenses incurred to treat your loved one’s final injury or illness
- Conscious pain and suffering your loved one experienced before their death
- Reasonable funeral and burial expenses
- Loss of your loved one’s income or financial contributions to your family
- Loss of your loved one’s services to the family and household
- Loss of your loved one’s assistance, protection, or care
- Loss of your loved one’s companionship, comfort, society, advice, and guidance
Calculating financial and emotional loss from a loved one’s passing may require evidence such as medical bills or invoices from their final medical treatment, their pay records, invoices for household services your family must pay for to replace the household work your loved one did, and testimony regarding your relationship and the emotional effects your loved one’s death have had on you.
In some cases, a family may receive an award of punitive damages in their wrongful death lawsuit. Punitive damages do not compensate a family for losses caused by their loved one’s death. Instead, they punish a liable party for malicious, wanton, or willful conduct that caused the decedent’s death and deter others from similar behavior.
Contact Ted A. Greve & Associates PA for an Experienced Wrongful Death Lawyer in Shelby, NC
After losing a loved one due to another party’s negligence or fault, you need dedicated legal advocacy to demand accountability and compensation. Contact Ted A. Greve & Associates PA today for a free, no-obligation consultation with our Shelby, NC lawyers to discuss your family’s legal options for seeking the financial recovery and justice you deserve.
