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 wrongful death attorneys at Shipman & Wright 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 To Help Represent You
Selecting Shipman & Wright 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 personal injury 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 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 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.
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 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.