Rockingham Wrongful Death Lawyers
Help when a loved one loses his or her life in a preventable accident
Everyone deserves to live to see and enjoy their senior years. There’s nothing more tragic than learning the death of a loved one was preventable. No amount of money can compensate families for the loss of a loved one. Wrongful death claims hold negligent people and companies accountable. Wrongful death claims help families remember and honor the loved one’s life while helping spouses, children, and parents move forward.
At Price, Petho & Associates, our dedicated and compassionate team has the skill, resources, and compassion to help families in Rockingham file a wrongful death claim. We pledge to use our resources to conduct a complete investigation into what happened so we can help your family gain closure and secure compensation for what happened. Our record of successful personal injury verdicts and settlements includes a $2,000,000 settlement (the full policy limits) for a family of a man injured in a truck accident.
How can we help?
- How do wrongful death cases arise in Rockingham?
- Who can file a wrongful death claim in North Carolina?
- How does a wrongful death case differ from a personal injury case?
- What is the time limit to file a wrongful death claim in North Carolina?
- What is my Rockingham wrongful death case worth?
- Do you have a wrongful death lawyer near me?
Wrongful death cases arise in various ways in Rockingham and throughout North Carolina. At Price, Petho & Associates, our personal injury lawyers regularly help family members who have lost a loved one due to the following:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Bicycle accidents
- Pedestrian accidents
- Workplace accidents involving non-employees
- Construction accidents
- Premises liability incidents
- Dog or animal attacks
- Intentional criminal conduct
- Defective products
- Boating accidents
This is not an all-inclusive list of the ways that wrongful death cases arise. Anytime the careless, negligent, or wrongful actions of another individual, business, or entity causes the death of somebody else, there needs to be accountability. Please contact our offices as soon as possible to help determine the best path forward for your case.
In North Carolina, the personal representative of the deceased’s estate is responsible for filing a wrongful death claim in court. In these cases, the personal representative is allowed to seek damages on behalf of the estate of the deceased, as well as the surviving family members.
If the deceased person did not have an estate plan or a will in which there was a personal representative named, then the court will appoint another individual who will be able to file the wrongful death claim. This could include a surviving spouse, parents of the deceased, or adult children of the deceased.
There are some unique challenges involved in filing a wrongful death claim that are different from a personal injury claim:
- The victim is deceased. Your loved one can’t testify about how the fatal accident This means we need to work with the police and witnesses, question the defendants, and thoroughly view physical evidence such as the damage to the vehicles or medical records – to show why the defendants are responsible.
- There may be a criminal case. Many wrongful death cases also involve criminal charges. For example, if your loved one was struck by a drunk driver, the drunk driver may be charged with driving under the influence or one of North Carolina’s death by vehicle charges.
- The value of the damage usually requires expert advice. A financial expert is usually called to determine your loved one’s life expectancy, how much he/she would have earned had your loved one survived, and other financial calculations.
We understand how to present wrongful death claims before a jury in such a way that the jury understands just how devasting the family’s loss is. Many wrongful death claims do settle out of court.
The North Carolina statute of limitations for wrongful death claims is two years from the date of the deceased’s death. Any claim not filed within this two-year time frame will likely be dismissed, leaving the estate and family members unable to recover the closure and compensation they deserve.
It is important to point out that the wrongful death statute of limitations in North Carolina is shorter than the three-year personal injury statute of limitations. It is crucial to get to work on your claim as soon as possible by working with a skilled Rockingham personal injury attorney who can walk you through this entire process.
The best course of action is to seek legal help after as soon as possible after you’ve paid your respects to your loved one.
According to North Carolina law, the damages in a wrongful death claim are paid to the estate of the decedent. The amount of the settlement or verdict is then distributed either according to the terms of the decedent’s will or the intestate laws of North Carolina.
Under § 28A-18-2, the personal representative can claim the following damages:
- Expenses for care, treatment, and hospitalization incident to the injury resulting in death.
- Compensation for pain and suffering of the decedent.
- The reasonable funeral expenses of the decedent.
- The present monetary value of the decedent to the persons entitled to receive the damages recovered, including but not limited to compensation for the loss of the reasonably expected
- Net income of the decedent
- Services, protection, care, and assistance of the decedent, whether voluntary or obligatory, to the persons entitled to the damages recovered
- Society, companionship, comfort, guidance, and advice of the decedent to the persons entitled to the damages recovered.
The wrongful death claim may also include punitive damages.
Our attorneys painstakingly work to determine the value of your losses, depending on the specific circumstances of your case.
Our Rockingham office is located at 801 E Broad Ave, #17 in Rockingham, NC. We also have offices in Charlotte and Rutherfordton.
Call a Rockingham wrongful death attorney today
If you have lost somebody you love and care about due to the careless, negligent, or intentional actions of someone else, contact the team at Price, Petho & Associates today. We work aggressively to hold drivers, doctors, nursing homes, property owners, and others liable for the deaths they cause due to their negligence or fault. Our goal is to ensure you receive full compensation for your losses. When you need a Rockingham wrongful death attorney, call us for a free consultation at (704) 372-2169 or fill out our contact form. We handle wrongful death claims on a contingency fee basis.