Wrongful Death Lawyer Raleigh, NC
At Burton Law Firm, PLLC, we offer comprehensive legal services for wrongful death cases. Our approach is tailored to each client’s unique situation, ensuring personalized and effective legal representation. We understand the profound impact of losing a loved one, and our goal is to alleviate the legal burden from your shoulders during this difficult time.
What Constitutes Wrongful Death in NC
In North Carolina, as in many other states, wrongful death is a legal term that describes a situation where a person’s death is caused by the wrongful act, neglect, or default of another. This definition encapsulates a range of scenarios, from medical malpractice to car accidents, where the responsible party’s negligence or intentional harm leads to someone’s untimely death. As wrongful death lawyers in Raleigh, NC, we often encounter a variety of these cases, each presenting unique challenges and complexities.
The Legal Framework for Wrongful Death in North Carolina
Under North Carolina law, a wrongful death claim must be filed by the personal representative of the deceased’s estate. This can be an executor named in the will or a court-appointed administrator if there is no will. The claim is brought on behalf of the surviving family members and the estate of the deceased. The lawsuit must be filed within two years of the date of death, as stipulated by the state’s statute of limitations.
The damages sought in a wrongful death suit in North Carolina can include medical expenses, funeral and burial costs, lost income and benefits, pain and suffering of the deceased before they died, and the emotional distress of the surviving family members. In cases where the defendant’s actions are deemed particularly egregious, punitive damages may also be awarded.
Who May File a Wrongful Death Lawsuit in North Carolina
Losing a loved one due to someone else’s negligence or wrongful actions is an incredibly distressing experience. During such trying times, it’s essential to know your rights and understand who is eligible to file a wrongful death lawsuit in North Carolina. At the Burton Law Firm, PLLC, we are committed to helping families seek justice and provide guidance on navigating the legal process with our experienced Wrongful Death Lawyer Raleigh, NC.
In North Carolina, the legislation governing wrongful death lawsuits is explicit and well-defined, providing clear guidelines on who possesses the legal standing to initiate such a case. These regulations are crucial in ensuring that the rights of the deceased and their loved ones are appropriately represented and protected in a court of law. The key factors to consider in determining eligibility to file a wrongful death lawsuit include the relationship of the claimant to the deceased, the financial and emotional impact of the death on the claimant, and the legal capacity of the claimant to pursue the case. Understanding these criteria is essential for those seeking justice and compensation for the loss of a loved one due to wrongful death in North Carolina. In North Carolina, the law is clear about who has the legal standing to initiate a wrongful death lawsuit. Here are the key factors to consider:
Personal Representative
The first and most crucial requirement is that the lawsuit must be filed by the personal representative of the deceased person’s estate. This representative is usually designated in the deceased’s will or appointed by the court. Their role is to manage the estate and bring a wrongful death claim on behalf of the surviving family members.
Beneficiaries
While the personal representative files the lawsuit, the damages awarded in a wrongful death case are meant to compensate the surviving family members who have suffered as a result of the loss. These beneficiaries can include the deceased person’s spouse, children, parents, or other relatives who were financially dependent on the deceased.
Statute of Limitations
It’s crucial to be aware of the statute of limitations when filing a wrongful death lawsuit in North Carolina. Typically, you have two years from the date of the person’s death to initiate legal action. Failing to meet this deadline may result in the loss of your right to seek compensation.
Damages
Understanding the full scope of potential damages is essential for a successful wrongful death case. Damages may include medical expenses, funeral costs, lost income, pain and suffering, and more. It’s essential to gather evidence to support these claims effectively.
The Burton Law Firm, PLLC can assist you with a wrongful death lawsuit can be overwhelming, especially when you are dealing with the emotional aftermath of a tragic loss. Our experienced Wrongful Death Lawyer Raleigh, NC, is here to provide you with the support and legal guidance you need during this challenging time.
Here’s how our dedicated team can help you:
- Investigation: We will conduct a thorough investigation into the circumstances surrounding the accident or incident that led to your loved one’s wrongful death. This investigation is crucial for establishing liability and gathering evidence to support your case.
- Calculating Damages: Our attorneys will work closely with financial experts to calculate the full extent of your damages accurately. This ensures that you seek fair and just compensation for your losses.
- Negotiation with Insurance Companies: We will handle all negotiations with insurance companies on your behalf. Our goal is to secure the best possible settlement, so you don’t have to worry about dealing with the complexities of the legal process.
- Litigation: If a fair settlement cannot be reached through negotiations, we are fully prepared to take your case to court. We will advocate for your rights in front of a judge and jury to achieve the justice you deserve.
If you have lost a loved one due to wrongful actions or negligence, we understand the emotional and legal challenges you are facing. Contact the Burton Law Firm, PLLC, today to speak with our experienced Wrongful Death Lawyer Raleigh, NC. We offer consultations, allowing you to discuss your case with us without any obligation. We are here to help you seek justice and find closure during this difficult time.
What Qualifies as Wrongful Death?
Wrongful death is a legal term that refers to situations where a person’s death is caused by the negligence, recklessness, or intentional misconduct of another party. This concept is an essential part of personal injury law, providing a pathway for the deceased’s survivors to seek justice and compensation for their loss. There are several situations that can lead to wrongful death claims. These include, but are not limited to, medical malpractice where healthcare professionals fail to provide the standard of care required, automobile accidents caused by negligent or reckless driving, workplace accidents due to unsafe conditions or lack of proper safety protocols, and criminal acts where intentional harm results in death. Each of these scenarios represents a different facet of how wrongful death can occur, highlighting the importance of legal recourse in these tragic circumstances.
Wrongful death occurs when a person’s death is the result of another party’s negligence, recklessness, or intentional misconduct. Several situations can lead to wrongful death claims, including:
Accidents
This category encompasses a wide range of incidents, such as car accidents, pedestrian accidents, motorcycle accidents, and bicycle accidents. In these cases, if it can be proven that another party’s negligence or wrongful actions caused the fatal accident, it may qualify as wrongful death.
Medical Malpractice
When medical professionals fail to provide the standard of care expected of them, and it results in a patient’s death, it can qualify as wrongful death. Medical malpractice cases can involve surgical errors, misdiagnoses, medication errors, and more.
Defective Products
If a product is inherently dangerous or has a manufacturing defect, and its use leads to a person’s death, the manufacturer, distributor, or retailer may be held liable for wrongful death.
Premises Liability
Property owners have a duty to maintain their premises in a safe condition. If a person dies due to a dangerous condition on someone else’s property, it may qualify as a wrongful death case.
Criminal Acts
When a person’s death results from criminal actions, such as murder or assault, the responsible party can be held liable for wrongful death in both criminal and civil courts.
Wrongful Death Compensation
Wrongful death claims are among the most emotionally taxing and legally complex cases in the realm of personal injury law. These claims arise when an individual’s death is caused by the negligence or misconduct of another party. For families and loved ones left behind, the loss is not only emotional but often financial as well. This is where the expertise of a wrongful death lawyer in Raleigh, NC, becomes invaluable. At Burton Law Firm, PLLC, we understand the intricacies of these cases and are committed to helping our clients navigate the legal system to secure the compensation they deserve.
Wrongful death compensation is designed to provide financial relief to the survivors of the deceased. It covers various damages, including:
- Medical expenses related to the deceased’s final illness or injury
- Funeral and burial costs
- Loss of the deceased’s expected income
- Loss of consortium, which refers to the deprivation of the benefits of a family relationship
- Pain and suffering of the deceased before death
The laws governing wrongful death claims can be complex, and the process of calculating damages requires a nuanced understanding of both legal and financial principles. This is why it is critical to engage a knowledgeable wrongful death lawyer in Raleigh, NC, who can ensure that every aspect of the case is thoroughly explored and addressed.
At Burton Law Firm, PLLC, our approach to wrongful death claims is comprehensive and compassionate. We offer the following services to ensure that our clients receive the maximum compensation possible:
- Case Evaluation: We begin by thoroughly assessing the circumstances surrounding the wrongful death to determine the viability of a claim.
- Legal Strategy: We develop a tailored legal strategy that aligns with the specific details of the case and the needs of our clients.
- Trial Representation: If a fair settlement cannot be reached, we are prepared to represent our clients in court to fight for the justice they deserve.
The statute of limitations for wrongful death claims in North Carolina is limited, which means that there is a specific timeframe within which you must file your claim. By contacting us at Burton Law Firm, PLLC, you can ensure that your case is handled with the urgency and attentiveness it deserves.
Raleigh Wrongful Death Statistics
According to the National Center for Health Statistics, in the United States, there are an estimated 2.4 million wrongful death cases filed each year. This statistic shows the high number of wrongful death cases that occur each year. It is important to note that not all wrongful death cases are successful, but even if a case is not
successful, it can still be an important way to hold those responsible for
wrongful deaths accountable.
If you have lost a loved one in a preventable accident, contact a wrongful death
lawyer to find out how you can obtain financial justice for your loved one’s
death.
Frequently Asked Questions About Wrong Death Cases
What Proof is Required in a Wrongful Death Case?
In a wrongful death case, proof of negligence or wrongful actions by another party is crucial. To establish liability, we at Burton Law Firm, PLLC, work diligently to gather evidence such as witness testimonies, expert opinions, and documentation to demonstrate that the responsible party’s actions directly caused the death. Our experienced Wrongful Death Lawyer Raleigh, NC, can guide you through the legal process, ensuring that the necessary evidence is presented to support your claim.
Am I Eligible to Collect Damages in a Wrongful Death Lawsuit?
Eligibility to collect damages in a wrongful death lawsuit typically depends on your relationship with the deceased and whether you are a beneficiary. In North Carolina, beneficiaries may include spouses, children, parents, or other relatives who were financially dependent on the deceased. The personal representative of the estate is the one who files the lawsuit on behalf of the beneficiaries. At Burton Law Firm, PLLC, we can help determine your eligibility and assist in pursuing your wrongful death claim.
What Types of Compensation May be Sought in a Wrongful Death Claim?
In a wrongful death claim, various types of compensation may be sought to address the financial and emotional losses incurred. These can include medical expenses, funeral costs, lost income, pain and suffering, and even punitive damages in cases of extreme negligence. Our dedicated team of attorneys at Burton Law Firm, PLLC, will work diligently to calculate the full extent of your damages and pursue the compensation you and your family deserve. Contact us today for a free consultation to discuss your specific situation and explore your legal options.
How is a wrongful death case defined and what are its common causes?
A wrongful death case arises when an individual’s death is directly caused by the negligent, reckless, or intentional actions of another person or entity. Common causes of wrongful death include medical malpractice, where a healthcare provider’s failure to meet standard care leads to a patient’s death, car accidents resulting from another driver’s negligence, workplace incidents due to unsafe working conditions, and intentional acts of violence. Each case hinges on proving that the death could have been prevented if not for the responsible party’s misconduct or negligence. These cases not only seek justice for the deceased but also provide financial compensation for the surviving family members to cover expenses and losses resulting from their loved one’s untimely death.
Who is eligible to file a wrongful death lawsuit, and what factors determine this eligibility?
The eligibility to file a wrongful death lawsuit varies by jurisdiction, but it typically includes immediate family members such as spouses, children, and parents of unmarried children. In some cases, extended family members like siblings or grandparents can also be eligible, especially if they were financially dependent on the deceased. The key factors determining eligibility include the individual’s relationship to the deceased, their financial dependence on the deceased, and whether they have suffered a quantifiable loss due to the death. Some states also allow the representative of the deceased’s estate to file the lawsuit on behalf of the affected family members. It’s crucial for potential claimants to consult with a legal professional to understand their specific rights and eligibility in their jurisdiction.
Burton Law Firm, PLLC Raleigh Wrongful Death Lawyer
Contacting Burton Law Firm, PLLC
If you find yourself in need of legal assistance, don’t hesitate to reach out to us at Burton Law Firm, PLLC. Our experienced Wrongful Death Lawyer Raleigh, NC, is here to provide guidance and support during challenging times. Contacting our firm is straightforward and hassle-free. You can schedule a free consultation to discuss your case and explore your legal options. We are committed to helping you seek justice and the compensation you deserve, so please don’t hesitate to get in touch with us today. Your peace of mind matters to us, and we are here to assist you every step of the way.
Client Review
"Jason is the best lawyer anyone could ever use in this area. From the moment that I first contacted him concerning an auto accident I was involved in, he erased all worry that I had. I was not a major client, but every time we talked, he made me feel as if I was the most important client he had. He made it simple, easy and always explained the steps completely and in terms I could understand. If you ever need a lawyer, please, please contact Jason. You will never regret using him"
Earl Caudill
Wrongful Death
Raleigh Attorney Assisting Families After Fatal Accidents
Losing a loved one unexpectedly is a traumatic experience. When someone else’s careless or wrongful action is the cause of that loss, it can feel even more devastating. Surviving family members in North Carolina who have lost someone due to another party’s negligence can pursue a wrongful death lawsuit. Although no action can make up for the loss, these claims can not only help ease the financial impact but also secure a sense of justice. Since 2012, Raleigh wrongful death lawyer Jason Michael Burton has helped clients recover millions of dollars in compensation including wrongful death cases arising out of trucking accidents, drunk driving accidents, and thermal burn incidents. Our firm assists families in Raleigh, Fayetteville, Durham, Winston-Salem, and Greensboro, as well as Southern Virginia.
North Carolina Wrongful Death Claims
The applicable North Carolina law defines a “wrongful death” as a death caused by a wrongful act after which, had the victim survived, he or she would have been able to pursue a personal injury claim against the responsible party. As a result, these claims can arise out of many situations in which a fatality results due to someone’s negligent behavior. Some common examples include car accidents, motorcycle accidents, truck crashes, medical malpractice, and workplace accidents. Depending on the circumstances, various individuals, companies, hospitals, or employers may be liable for causing a person’s death. Often, there is at least one insurance company involved as well, making these cases quite complex.
In order to prevail in a wrongful death claim, it must be shown that the defendant, or defendants, acted negligently in causing the victim’s death. This requires a wrongful death attorney in the Raleigh area to show that the defendant owed a duty of reasonable care to the victim, that duty was breached by the defendant, and the victim’s death was proximately caused by this breach. For example, all motorists owe others on the road a duty to act as a reasonable and prudent person would act given the same or similar circumstances.
Therefore, if one motorist is busy texting instead of paying attention to the road, and they strike a pedestrian, whose injuries prove fatal, that motorist can be held liable. In North Carolina, wrongful death actions can be brought by the person who is responsible for overseeing a decedent’s estate, known as the “personal representative” of the estate. Depending on whether or not a decedent named a personal representative in a will, as well as other circumstances surrounding a case, this person could be a surviving family member, an heir, legatees, or other parties stipulated as such in a will. A knowledgeable Raleigh wrongful death attorney can advise you on whether you have a right to bring a claim.
In North Carolina and Virginia, the statute of limitations within which a personal representative needs to file a wrongful death claim is two years from the date of a victim’s death. If negligence is shown, families can be awarded damages in the forms of any medical expenses incurred by the victim as a result of his or her fatal injuries, burial costs and funeral expenses, lost earnings, and any pain and suffering endured by the victim, as well as the family’s loss of assistance and care and loss of companionship. In some instances, punitive damages may be awarded in order to penalize an at-fault party for egregious wrongdoing.
Hire a Knowledgeable Injury Attorney to Assert Your Rights
When you are dealing with the grief of losing a loved one, considering legal matters can be overwhelming. However, many families need the financial assistance that a wrongful death claim can bring. Attorney Jason Michael Burton takes on his clients’ legal burdens by offering compassionate and comprehensive legal services throughout all stages of a case. At the Burton Law Firm, we can help you with the investigation into what caused your loved one’s death, deal with insurance companies, and negotiate a fair settlement or pursue any necessary litigation. If you want to speak with a wrongful death lawyer in the Raleigh area about your legal rights, contact our office today online or at 833-623-0042 to schedule a free consultation.