Certainly, no one wants to find themselves in the position of needing to hire a wrongful death attorney. And though there really is no way to make up for the loss of a loved family member, the legal system does its best by allowing the survivors to hold the responsible party financially accountable.
A wrongful death action in North Carolina allows the family of someone who died as the result of the actions of another to recover on behalf of the deceased party for those losses that would have been recoverable had he or she lived. Wrongful death also allows family members to recover for the loss of companionship and financial support the deceased person could have provided over a lifetime if his or her life had not been tragically cut short.
If you believe you have a claim for wrongful death, a Rutherfordton wrongful death attorney can help your family recover from the party responsible for your terrible loss.
Who Can File A Wrongful Death Lawsuit in North Carolina?
North Carolina law allows the personal representative of the decedent to bring an action against the party responsible for the death. Assets from the estate may be used to bring the action but not to pay attorneys fees. Attorneys fees can be paid from amounts recovered as well as burial expenses and a limited amount of medical expenses but the proceeds from a wrongful death lawsuit do not become assets of the estate. The remainder passes to the surviving family of the decedent according to the state’s intestacy succession laws.
What Kinds of Damages Can the Surviving Family Recover in a Wrongful Death Lawsuit?
The monetary damages that may be recoverable in a wrongful death case include
- Medical expenses related to the injury that resulted in the death
- Reasonable burial expenses
- Pain and suffering of the decedent
- An amount assigned to the value that the decedent could have contributed to family members – by earning income, contributing services, and providing companionship
- Punitive damages
When to File a Wrongful Death Lawsuit
A wrongful death action must be filed within 2 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.
At Price, Petho & Associates, PLLC, we are here to help. We have been there to support our clients through this most difficult time. Our Rutherfordton wrongful death lawyers can 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 for a free consultation of your case by clicking here or calling 704-850-6322.