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If you have lost a loved one due to the careless acts of another person in North Carolina, we understand what you and your family are living through. Our wrongful death attorneys in Asheville know how heartbreaking this is, and we want to help you find the path forward through this.
Families who have lost a loved one due to negligence may be eligible to seek compensation. An Asheville personal injury lawyer at Farmer & Morris Law, PLLC can review your case and determine damages you may be able to collect. Call us today for a free consultation.
Eligibility to File a Wrongful Death Claim in North Carolina
According to North Carolina G.S. § 28A-18-2, a wrongful death claim can be made by an appointed personal representative (also known as an executor) of the deceased person’s estate. A personal representative is usually appointed through a will.
If the deceased did not have a will and no personal representative exists, this does not mean a wrongful death claim cannot be made. Qualified applicants can act as personal representatives and still pursue legal action against the person responsible for the wrongful death under the Intestate Succession Act.
We Can Help You Appoint a Personal Representative
In the event that a personal representative has not been appointed, you may want to enlist the help of our Asheville wrongful death lawyer so that the proper person is appointed and the appropriate steps in your wrongful death claim can be pursued.
We Have Two Years to File Your Wrongful Death Lawsuit
The statute of limitations in North Carolina gives you only two years to file a wrongful death lawsuit. Furthermore, North Carolina Statute 28A-18-2 states that the expenses involved with your case—whether it be a claim or lawsuit—can be paid for through the deceased person’s estate.
The personal injury lawyers at Farmer & Morris Law, PLLC can help you:
- Determine if you are eligible to file a wrongful death action.
- Determine if you have grounds to file a claim.
- Wade through the process to reach a fair settlement.
Call to find out what legal options you and your family have to recover from this terrible loss.
Damages Recoverable in a Wrongful Death Claim
The compensation you may be rewarded in a wrongful death claim can be very complex, depending on the cause of wrongful death, such as a medical malpractice case. Note that in these types of cases, the defendant will most likely also have legal representation.
We can provide you with equal representation against the defendant and the insurance company, and one of the services we will provide you with is calculating your recoverable losses. We will collect evidence in your case and assess all the damages you may claim.
Recoverable damages in your wrongful death claim could include the following:
- Loss of companionship
- Medical bills from before your loved one died
- Funeral expenses
- Loss of net income
- Emotional pain you may be experiencing
- Lost income your loved one would have brought into the home
Once a settlement is made, it is split among the beneficiaries. Any legal fees will also be paid by the settlement under our contingency fee agreement. In most cases, that means there are no upfront costs to you if you hire our attorney to handle the legal issues surrounding your claim.
Wrongful death settlements are sought out to help the surviving family members maintain a healthy and stable lifestyle or to regain a sense of normalcy as they had before the death of their loved one. Our attorney can help you value your losses so you can reach a fair settlement in your case.
The wrongful death attorneys at Farmer & Morris Law, PLLC understand that no amount of money will make the pain of losing a loved one go away. However, filing a claim can help bring justice to your loved one, and receiving a settlement can relieve any financial burdens your family may have suffered as a result of the loss of your loved one.
How Our Asheville Wrongful Death Lawyer Can Help
Dealing with the death of a loved one is a difficult time, let alone dealing with a death that involved negligence. You will need time to grieve and cope with this sudden loss, and often, this can be a lengthy adjustment.
Our wrongful death lawyer can help you file a claim before the statute of limitations runs out. Our lawyer can also help you file the appropriate paperwork and discuss your legal options with you.
Our attorney can also help with collecting evidence, including:
- Accident or police report
- Medical documents
- Witness statements
- Expert testimony
- Photos and video from the accident scene
- Physical evidence
We will compile and analyze this evidence to build your wrongful death case. Our injury attorney knows the likely defenses that will be used against your case and will be prepared to refute them. Let our attorney do the legal work of establishing who is liable and how the accident occurred. You and your family can take your time grieving in peace.
We Can Establish and Prove Liability
In order to bring the responsible party (or parties) to justice for the death of your loved one, we have to prove negligence. We will identify the liable party and the cause of the accident by proving four things have occurred. Those four things are:
- The other party owed your loved one a duty of care.
- The other party violated this duty of care.
- This violation caused or contributed to your loved one’s accident.
- The accident claimed your loved one’s life.
After this point, we can prove the negligence of the other party by utilizing the evidence we compiled and expert witness testimony if necessary.
Call the Law Offices of Farmer & Morris Law, PLLC for Help
If you suffered the loss of a loved one in Western North Carolina, you can call our office for legal advice. Remember, you must not wait. The statute of limitations gives you a limited time to file.
The legal team at Farmer & Morris Law, PLLC can help you and your family with legal matters dealing with your wrongful death case in North Carolina, from your initial filing of a claim to helping you divide settlement rewards and estate assets.
Contact a member of the legal team at Farmer & Morris Law, PLLC for your free consultation. We also handle the following types of cases:
- Bankruptcy
- Social Security disability
- Other forms of personal injury law (such as car or truck accidents)
- Workers’ compensation
- Family law
- Criminal defense
- Traffic law
Allow us to help you and your family seek the compensation you deserve. Call us today to get started.
