Wilmington Wrongful Death Lawyer
Dealing with a wrongful death can be a tough experience but you do not need to go through it all on your own. If your loved one died because of someone else's negligence you should contact Horton & Mendez Injury Attorneys to assist you with your case and with dealing with insurance companies. We know their playbook and we may be able to assist you in getting the compensation you and your family deserve. Give us a call today to learn more about how we can assist you with your wrongful death case in Wilmington and the surrounding North Carolina area.
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It’s painful to lose a loved one, but it can be even more hurtful to know that the death occurred due to circumstances that could have been avoided.
When a death happens due to someone else’s reckless or negligent behavior, it is considered a wrongful death, and the victim’s family will be eligible to be compensated for damages. Horton & Mendez Injury Attorneys have years of experience representing clients in wrongful death cases in Wilmington and throughout North Carolina.
In addition, as former insurance defense lawyers, we understand how insurance companies approach wrongful death cases. Wrongful death cases often involve large sums of money and complex legal issues. As a result, insurance companies will commonly hire lawyers and expert witnesses to defend against these high-risk claims. Our experience working for the other side allows us to recognize a lowball offer when one is made and get our clients the compensation they deserve under the law.
Common Cause of Wrongful Death
A wrongful death can occur in any of the following circumstances:
Road accidents that may be fatal include car accidents, truck accidents, motorcycle accidents, pedestrian accidents, bicycle accidents, and more.
Construction Site Accidents
Construction sites are dangerous. Falling equipment and debris can cause injuries to workers and passersby. Faulty equipment is often synonymous with safety violations, especially for construction accident cases.
We expect doctors to take good care of their patients. When they exhibit a substandard level of care, it can cause injuries and even death.
Several types of fatal injuries can occur in the workplace. In most cases, worker’s comp will cover these damages. If you are having issues getting compensated through worker’s comp, it may be necessary to call in a lawyer.
Children, the elderly, and the ill are often overseen by caretakers. A caretaker’s negligent actions can result in wrongful death.
A manufacturer has the responsibility to test products before releasing them on the market and providing instructions for safe usage. Failure to do so can cause fatal injuries.
Slip and Fall Accidents
A property owner has a duty of care to keep the premises safe for visitors. If the property is not kept safe, a slip and fall can occur.
Sports and Recreation Accidents
Athletes may become fatally injured due to using unsafe equipment or participating in dangerous activities. If this occurs, the coach or a product manufacturer could be liable for damages.
Travel Injury Accidents
Flying on a plane and riding on a train increases the chance of injuries that may lead to wrongful death. Sometimes these accidents can be the result of operator error or equipment failure. It is important to hire a lawyer who can determine the cause of the accident and assess liability.
Who is Eligible to File a Wrongful Death Lawsuit?
Since the decedent will be unable to file a lawsuit someone else will have to do it on their behalf.
The lawsuit may only be filed by a personal representative of the decedent’s estate as named in the person’s will or appointed by the court. If no personal representative was named in the will, or if no will exists, the court appoints a representative.
The representative will file the lawsuit on behalf of all interested parties. Damages are typically awarded to the decedent’s spouse and children but in some cases, parents, grandparents, and siblings will also be owed compensation.
What Damages Can I Be Compensated for in a Wrongful Death Lawsuit?
Those being represented by the plaintiff in a lawsuit may be compensated for the following damages.
The family may be compensated for financial losses due to the decedent no longer being able to contribute their wages towards the household income.
These will cover any fees incurred in caring for the victim’s accident-related injuries before death.
These refer to the emotional suffering the family is dealing with because they can no longer count on the decedent’s service, society, comfort, companionship, or guidance.
Punitive damages may be awarded if the person’s actions in causing the accident are considered excessively reckless. They are put in place to discourage the person and others from exhibiting similar behavior in the future.
Funeral and Burial Expenses
The defendant may also be responsible for covering the decedent’s funeral and burial expenses.
What is the Statute of Limitations on a Wrongful Death in North Carolina?
Every legal case is subject to a statute of limitations. This is the amount of time the plaintiff has to file to get compensated.
In the state of North Carolina, the statute of limitations for wrongful death is typically 2 years and the clock starts ticking the day the death occurs unless there is already a personal injury claim open for the incident.
Two years might seem like a long time but the longer you wait, the more details will get fuzzy in your mind and the harder it will be to prove the death was caused by the accident. That’s why it’s important to talk to a lawyer as soon as possible.
If a lawyer agrees to take on your case, he or she will start gathering evidence from day one to build a strong case that will hold up in a court of law.
Why Horton & Mendez Injury Attorneys Can Assist With Your North Carolina Wrongful Death Claim
Our attorneys are here to help you through this incredibly stressful and complex time. Don’t let just anyone be responsible for representing your family. The Horton & Mendez team will be there for you every step of the way, armed with experienced gained from previously working as insurance defense lawyers.
Horton & Mendez Injury Attorneys have years of experience with wrongful death claims in Wilmington and throughout North Carolina. We understand how insurance companies approach these kinds of claims, and we know how to counter anything that they throw our way. We treat families with the ultimate care and respect in difficult times. We will fight to get the best outcome possible.
A wrongful death lawsuit won’t bring your loved one back, but it will give you some of the closure you need to move forward with your life. Call the Horton & Mendez Injury Attorneys team to schedule a free consultation and find out how we can help. We will do everything we can to see to it that justice is served.