Rutherfordton Wrongful Death Lawyers
Caring representation when a loved one dies in a preventable accident in NC
It’s the worst tragedy possible, learning that a spouse, parent, or child died due to a preventable accident. While there is no way to make up for the loss of a loved family member, the legal system does its best by allowing families to hold the responsible party financially accountable. A wrongful death action in North Carolina allows the family of someone who died through the fault of others to recover financial and personal losses due to the premature death of the deceased.
At Price, Petho and Associates, we have recovered hundreds of millions for our clients through jury verdicts and settlements. Our Rutherfordton wrongful death attorneys respect your need to mourn while promptly working to determine how the accident occurred, and who is responsible. We are respected by former clients, insurance adjusters, and lawyers for our ability to persuasively assert your rights. In one wrongful death case, we obtained a $2,000,000 settlement (the full policy limits) for a deceased truck accident victim’s family.
How can we help?
- How do wrongful death cases arise in Rutherfordton?
- Who can file a wrongful death claim in Rutherfordton, North Carolina?
- How does a wrongful death case differ from a personal injury case?
- How much is my wrongful death claim worth?
- How much time do I have to file a wrongful death claim in Rutherfordton?
- Do you have a wrongful death lawyer near me?
How do wrongful death cases arise in Rutherfordton?
Fatal accidents usually involve some type of extreme force or act of incompetence. At Price, Petho and Associates we represent families when a loved one dies due to:
We file wrongful death claims against any person, company, or entity that causes the death of your loved one.
Who can file a wrongful death claim in Rutherfordton, North Carolina?
In North Carolina, when someone dies, a personal representative is appointed to handle the decedent’s estate. The personal representative is either someone appointed in the decedent’s will, or someone who is appointed with the approval of the court.
A wrongful death claim is brought to obtain all damages caused by the death of your loved one. The beneficiaries of the wrongful death action are the people who would be entitled to benefits based on North Carolina’s intestate laws. The beneficiaries are usually the victim’s spouse, parents, and children.
How does a wrongful death case differ from a personal injury case?
Our Rutherfordton wrongful death lawyers understand the unique difficulties involved in wrongful death claims:
- Your loved one died. Since your loved one is deceased, we need to show a defendant was negligent through other witnesses, the police, questioning of all the defendants, an examination of the accident site and the physical evidence, and other means.
- A possible criminal case. A wrongful death claim is a civil case. There is no need to prove the defendant was criminally responsible. Still, many times, the government will charge a defendant with a crime – such as charging the drunk driver who killed your family member with a driving under the influence charge.
- The need for financial experts. Normally, we work with financial experts who are skilled at evaluating how much your loved one would have earned if the accident had not happened. These experts often also place a value on the services and support your family member would have provided.
At Price, Petho & Associates, we are experienced trial lawyers. We present wrongful death cases before juries so that each jury member appreciates just how devasting the family’s loss is. We can settle many wrongful death claims because of our strong record of success trying cases in court.
How much is my wrongful death claim worth?
The monetary damages that may be recoverable in a wrongful death case include:
- Medical costs including hospitalization incident to the injury resulting in death
- The decedent’s pain and suffering
- The reasonable funeral costs
- The net income of the decedent had your loved one survived
- The value of the “services, protection, care and assistance of the decedent, whether voluntary or obligatory, to the persons entitled to the damages recovered”
- The value of the “society, companionship, comfort, guidance, kindly offices and advice of the decedent to the persons entitled to the damages recovered”
In some cases, punitive damages may be awarded if the death was caused through malice or willful or wanton conduct.
When children under the age of 18 years are beneficiaries, we often negotiate settlements that place their share of the proceeds in a trust agreement or structured settlement agreement until the child reaches adulthood.
How much time do I have to file a wrongful death claim in Rutherfordton?
A wrongful death action must be filed within two years of the date of death. After such a devastating loss it is understandable that a family’s first priority might not be jumping into a lawsuit and having to deal with the party responsible for their pain. Nothing will take the loss away, but monetary compensation can help alleviate the financial strain a family may experience and provide security for future expenses.
Please don’t wait two years. It is critical that we investigate your claim as quickly as possible. The memories of witnesses fade. The physical evidence can change if repairs are made. If someone caused the death of your loved one, that person or entity may cause harm or death to others. It is important to hold wrongdoers accountable as soon as possible so others do not suffer.
Do you have a wrongful death lawyer near me?
We meet clients at our Rutherfordton office located at 224 N Main St. Rutherfordton, NC. We also have offices in Charlotte and Rockingham. We meet clients at their homes or a healthcare facility when necessary.
Contact Price, Petho & Associates today
At Price, Petho & Associates, we are here to help. We are there to support our clients through this most difficult time. Our Rutherfordton wrongful death lawyers appreciate the tough decisions you are facing, and the potential hardships that may lie ahead. Our team will assist you through the process with compassion while zealously advocating on your behalf. Let us do the heavy lifting while you concentrate on trying to heal. You can contact us or call 704-372-2160 for a free consultation.