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 at 910-405-7751 to learn more about how we can assist you with your wrongful death case in Wilmington and the surrounding North Carolina area.
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.
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.
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.