It is impossible to compensate anyone one sufficiently for the unexpected loss of their loved one. Unfortunately, all too many families suffer these losses as a result of another’s negligence or carelessness.
A Forest City wrongful death lawyer understands the reality of these turbulent times. They are available to help families through these painful and stressful situations. Our team understands that when families face these situations, lives are turned upside down. Therefore, we make it our goal to provide the support families need to piece everything back together.
A Forest City wrongful death lawyer understands the complexities of filing wrongful death claims. Call (828) 286-3866 for a free case evaluation.
Types of Forest City Wrongful Death Accidents Leading to Claims
We treat every family member suffering from the loss of a wrongful death victim like they are part of our family. The devastating effect of losing a family member or loved one is life-changing, and we understand that reality. Wrongful death claims could be potentially brought if the victim dies as a result of one of the following circumstances:
- Bicycle, motorcycle, and other vehicle accidents
- Defective medical equipment that causes an accident
- Dangerous or defective products
- Drivers operating under the influence and causing an accident
- Off-shore and other maritime accidents
- Workplace or other occupational accidents
- Over-the-counter or prescription medication errors
- Railroad accidents
Under some circumstances, the victim passes away when they are receiving treatment for their injuries. If that is the case, the victim’s estate might be able to receive compensation to cover medical expenses. Our legal professionals assist families suffering the loss of a loved one due to injuries resulting from another party’s negligence.
Understanding North Carolina’s Wrongful Death Laws
According to North Carolina General Statute 28A-18-2, wrongful deaths occur when a victim’s death is a result of the default, negligence, or wrongful act of another. The victim’s family has a right to pursue claims for or on behalf of the victim’s estate.
According to this same statute, a personal representative must file the victim’s wrongful death claim. It is the responsibility of a Forest City wrongful death lawyer to prove that a default, negligence, or wrongful act caused the victim’s death.
Proving these cases involves attorneys exhibiting evidence that the third party:
- Caused the death of the victim
- Should have predictably foreseen or known that their carelessness or failure to act could result in the victim’s death
Under this statute, there is also guidance regarding which surviving family members can act as the estate’s personal representative in a wrongful death claim:
- Individuals bequeathed any portion of the estate
- The estate’s heirs
- Children, parents, spouses, and other surviving family members
- Other family members, including siblings and grandparents
- Any other individual the victim names in their will
Forest City Wrongful Death Recoverable Damages
North Carolina General Statute 28A-18-2 also outlines the recoverable damages family members can receive in a wrongful death claim. Immediately following incidents leading to wrongful death, families should call for a consultation with a member of our team.
During that consultation, we outline all the details regarding your case. Representatives also receive information about any damages that we could potentially recover on the victim’s or their estate’s behalf. Those damages include pain and suffering, which is compensation for your physical and emotional distress (Cornell Legal Information Institute) as well as the following:
- Burial and funeral expenses for the victim
- Care, hospitalization, and treatment expenses relating to the injuries leading to the victim’s death
- The victim’s loss of earnings
- Assistance, protection, and services of the victim, whether obligatory or voluntary, to those entitled to receive damages
- Advice, comfort, companionship, guidance, and society of the victim to those entitled to receive damages
Do not wait to take action. For a free case evaluation, call Farmer & Morris Law, PLLC at (828) 286-3866 today.
North Carolina Statute of Limitations for Wrongful Death
North Carolina General Statutes Chapter 28A, Section 28A-18-2, outlines the statute of limitations for filing wrongful death claims. Estate representatives have up to two years from the date of the wrongful death to file an action.
Therefore, representatives should speak with a member of our team as soon as possible. Because these time limits are in place, we must work quickly to secure and preserve your claim. Failing to file an action within the timeframe could result in courts barring you from recovering on a wrongful death claim.
Turn to a Forest City Wrongful Death Lawyer to Handle Your Case
As Forest City wrongful death lawyers at Farmer & Morris Law, PLLC, we work diligently on behalf of victims or their estate. To put together the best possible wrongful death claim, the victim’s representative must provide us with detailed information. Examples of this information include:
- The victim’s federal and state income taxes dating back five years before the wrongful death
- The victim’s birth, death, and, if applicable, marriage certificates
- Autopsy, if applicable, and all other medical reports
- Documentation indicating the victim’s military discharge, if applicable
- All photographic evidence leading to the victim’s death
- All documentation detailing the victim’s employment benefits and retirement plan, if applicable
- Documented evidence proving the victim was responsible for sharing part of their income with a partner or spouse
- Photographs of the victim during his or her life, including notable photographs with family and friends
At Farmer & Morris Law, PLLC our team of Forest City wrongful death lawyers is dedicated to providing families with respectful and compassionate representation. In addition to providing the respect and compassion families need following a wrongful death incident, our team also pursues the damages families are entitled to.
Call Us Today for a Free Consultation
If you or a loved one suffered the loss of a family member or loved one due to wrongful death, the estate’s personal representative should contact an attorney to recover damages. Call Farmer & Morris Law, PLLC for a free case evaluation at (828) 286-3866.