If you and your family have suffered the unimaginable loss of a loved one due to someone else’s negligence or wrongful conduct in Wilmington, you may be entitled to substantial compensation. The Wilmington personal injury attorneys at Shipman Wright & Moore, LLP are here to help you seek justice by holding the wrongdoers financially accountable for the losses associated with the death of your loved one. Contact us today to set up a free consultation.
Why Choose Shipman Wright & Moore, LLP To Help Represent You
Selecting Shipman Wright & Moore, LLP as your legal partner can make a critical difference in your wrongful death claim. Here are several compelling reasons to choose our law firm:
- Knowledge and experience: Our Wilmington wrongful death lawyers can leverage their extensive knowledge and experience in your wrongful death case, applying a deep understanding of the complexities involved.
- Client-centered approach: We will prioritize you and your family members’ needs and emotions during this difficult time, providing personalized attention and tailored legal strategies.
- No win, no fee commitment: We operate on a contingency fee basis, meaning you pay no legal fees unless we win your case.
- Free initial consultation: Begin with a free, no-obligation consultation where we can evaluate your death case and discuss potential legal avenues without any financial commitment on your part.
- Aggressive advocacy: We are committed to fighting vigorously for the maximum compensation you deserve, taking the at-fault parties and their insurance companies head-on.
Choosing Shipman Wright & Moore, LLP means partnering with a law firm that not only understands the legal complexities involved in wrongful death cases but also cares deeply about your recovery and justice for your loved one. Reach out to a Wilmington wrongful death lawyer today.
What Is Considered Wrongful Death?
In North Carolina, wrongful death is defined as a death caused by a wrongful act, neglect, or default of another. Wrongful death cases often arise from circumstances that would have entitled the deceased to file a personal injury claim had they survived.
Common Causes of Wrongful Death in Wilmington, NC
A wrongful death can occur due to various causes, each devastating in its own right. Here are some of the most common:
- Car accidents
- Construction accidents
- Medical malpractice
- Motorcycle accidents
- Pedestrian collisions
- Product defects
- Truck accidents
- Workplace accidents
- Acts of violence
Identifying the cause of your loved one’s death is vital to establishing liability and holding the wrongdoers accountable.
Who May File a Wrongful Death Claim in North Carolina?
In North Carolina, a wrongful death claim can be filed by the personal representative of the deceased’s estate. This is typically the executor or administrator. This personal representative may be designated in the deceased’s will. If not will exists, the court may appoint a personal representative.
The personal representative acts on behalf of the deceased’s estate and for the benefit of immediate family members who are eligible to receive the compensation. These beneficiaries typically include:
- Spouses: The deceased’s legally married partner at the time of death.
- Children: Biological or legally adopted children of the deceased.
- Parents: If the deceased was unmarried and without children, their parents might be eligible claimants.
Potential Compensation Available For Wrongful Death Suits
In North Carolina, under N.C. Gen. Stat § 28A-18-2, compensation for wrongful death may cover various damages, aimed at easing the financial impact on the bereaved family. Here are some types of wrongful death damages that your family may be entitled to recover:
Economic Damages
- Loss of income: Compensation for the future earnings the deceased would have provided.
- Medical and funeral expenses: Costs associated with the deceased’s final illness, injury, burial, or cremation.
Non-Economic Damages:
- Pain and suffering: Monetary relief for the emotional distress caused by the loss.
- Loss of consortium: Compensation for the loss of companionship, love, affection, and support.
- Punitive damages: Additional compensation to punish the wrongdoer in cases involving egregious negligence.
Please note that the specific damages recoverable in a wrongful death case will depend on the individual circumstances and the evidence presented.
How Long Do I Have to File a Wrongful Death Claim in Wilmington, NC?
In North Carolina, the statute of limitations for wrongful death claims is generally two years from the date of death, as stated in N.C. Gen. Stat. § 1-53(4). However, certain circumstances may alter this time limit, either extending or shortening the period available for filing a lawsuit.
It is also important to file a claim with the liable insurance company as soon as possible after the incident. Starting the process early with a Wilmington wrongful death attorney ensures that all relevant evidence is preserved and enhances your chances of securing a fair settlement.
How Can a Wilmington Wrongful Death Lawyer Help?
Insurance claims where someone has been seriously hurt or killed are often worth enough that the insurance company processing the claim will not immediately offer a fair payout. The insurer may try to convince your family to settle for less than you deserve or nothing at all. The best way to protect your rights is by hiring a wrongful death lawyer right away.
A skilled wrongful death lawyer in Wilmington can seek maximum compensation for your family’s significant losses while you focus on grieving and healing with your loved ones. A lawyer will have the ability to investigate your loved one’s fatal accident, determine liability, collect evidence of negligence or wrongdoing, establish the elements of your claim, and calculate the true value of your life-changing loss.
Your lawyer can then take over negotiations with an insurance claims adjuster to remove the legal burden from your family’s shoulders. You can trust your attorney to protect you from insurance tactics, navigate the state’s wrongful death laws for you and pursue the compensation that meets your family’s needs during this difficult time.
How To Establish Liability for a Wrongful Death
In a wrongful death case in North Carolina, multiple parties can be held liable, from individuals to companies. But, to establish liability, you must be able to prove the following four elements of negligence:
- Duty of care: The defendant had a legal obligation to act in a reasonably safe manner toward the deceased.
- Breach of duty: The defendant failed to fulfill that duty through negligence or wrongful action.
- Causation: This breach directly caused the injury that led to your loved one’s death.
- Damages: The death resulted in quantifiable damages such as medical expenses, funeral costs, and loss of the deceased’s income and companionship.
It’s important to note that North Carolina’s strict contributory negligence law (N.C. Gen. Stat. § 1-139). This means that even a small amount of fault on the part of the deceased could impact the outcome of the case. However, our experienced wrongful death lawyers in Wilmington can help navigate these complexities and work to minimize the impact of any potential contributory negligence.
How Long Does a Wrongful Death Case Take to Resolve in North Carolina?
The timeline of a North Carolina wrongful death case depends on the circumstances. On average, they can take anywhere from one to three years from start to finish. A relatively simple insurance claim that reaches a settlement typically takes about one year. Since the damages involved in a wrongful death case are often immense, however, your case may take longer.
If your case has to go to trial, expect it to take longer. How long a wrongful death trial takes depends on the schedule at the courthouse and the complexity of the evidence or legal issues. A claim with complications, such as a liability dispute, may stretch on for multiple years before a resolution is reached.
Be Wary of Accepting the First Settlement
You are going through enough already in the aftermath of a death in the family. The last thing you might want to imagine is a lengthy legal process. Rushing into a fast settlement with an insurer, however, can hurt your family’s future forever. Once you accept a settlement, you cannot reopen your wrongful death case. Before you sign a settlement agreement, it’s always best to consult with an attorney in Wilmington.
Can Multiple Parties Be Held Liable in a Wrongful Death Case in Wilmington, North Carolina?
Yes, it is possible for multiple parties to be held liable in a Wilmington wrongful death case. More than one individual or entity could share legal fault for the same death. In this situation, state law allows the plaintiff to hold each defendant jointly and severally liable.
This unique law means that surviving loved ones have the right to recover 100 percent of the damages awarded in a claim from any one defendant – even if other parties are also found to share fault. Any of the defendants may file a separate lawsuit to establish his or her own percentage of contribution, if desired. Otherwise, even a defendant found to be “secondarily negligent” is responsible for 100 percent of the family’s awarded damages.
Note, however, that under the contributory negligence law in North Carolina, if the deceased person was in any part negligent in connection with his or her own death, the family may not collect any financial compensation from another party. This is why it is critical to have the right attorney representing you from the beginning.
Contact Our Wilmington Wrongful Death Lawyer Today
If you have lost a loved one due to someone else’s negligence or wrongdoing in Wilmington, having a compassionate and competent attorney can be crucial.
Our attorneys are ready to provide you with the guidance and representation you need. Call Shipman Wright & Moore, LLP today at (910) 762-1990 or fill out our online form for a free consultation and take the first step towards justice for your loved one.