If you have suffered the unimaginable loss of a loved one in Raleigh due to someone else’s negligence, the Raleigh wrongful death attorneys at Shipman & Wright can help you achieve justice for your loved one and family. Our dedicated Raleigh wrongful death attorneys offer a free consultation and work on a contingency fee basis, ensuring that you can hire us to fight for you without any upfront costs. Contact us today for help holding the wrongdoers accountable for your loss.
Why Choose Shipman & Wright?
- Experienced Legal Representation: Our Raleigh personal injury attorneys have a proven track record in wrongful death claims, ensuring skilled navigation through the complex legal process.
- No Financial Risk: We handle wrongful death cases on a contingency fee basis, meaning you pay no legal fees unless we win your case.
- Client-Centered Approach: We provide a free initial consultation to discuss the details of your case and your legal options without any obligation.
- Proven Success: Our Raleigh wrongful death attorneys bring years of legal experience to each case we handle, focusing on securing the compensation our clients deserve.
What Constitutes A Wrongful Death?
Under N.C. Gen. Stat. § 28A-18-2 and 28A-18-3, a wrongful death occurs when a person’s death is caused by the negligent or wrongful act of another. While no legal action can bring back a loved one, pursuing a wrongful death claim is crucial for addressing the financial instability that often results from such a tragic loss. The liable insurance companies typically aim to minimize their payouts in wrongful death cases, but families represented by an experienced wrongful death attorney, like those at Shipman & Wright, generally recover significantly more compensation, ensuring justice and financial security during this difficult time.
Typical Causes of Wrongful Death
Understanding the common causes of wrongful death can help your family to identify if you have a claim. These tragic events often result from:
- Motor Vehicle Accidents: Collisions involving cars, trucks, or motorcycles, often resulting from negligence.
- Medical Malpractice: Errors in diagnosis, treatment, or surgery can lead to fatal outcomes.
- Workplace Accidents: Unsafe working conditions can cause fatal incidents, particularly in construction and industrial settings.
- Defective Products: Faulty products can malfunction and cause death, rendering the manufacturers liable.
- Slip and Fall Accidents: Poorly maintained properties can lead to serious and sometimes fatal injuries.
How Liability for a Wrongful Death is Established in North Carolina
Establishing liability in wrongful death cases hinges on proving negligence. This can be complex in North Carolina as multiple parties might be held liable. Key aspects include:
- Negligence: Demonstrating that the death resulted from someone’s failure to exercise reasonable care.
- Contributory Negligence: North Carolina employs a strict contributory negligence rule, where if the deceased is found even slightly at fault for their death, the family may be barred from recovering damages. (N.C. Gen. Stat. § 1-139)
These aspects highlight the various challenges involved in establishing liability in wrongful death cases in North Carolina, and the need for an experienced Raleigh wrongful death lawyer who can help navigate the legal complexities such as contributory negligence.
What Compensation Is Available For a Wrongful Death Claim?
In North Carolina, the following parties can file a wrongful death claim:
- The executor or administrator of the deceased’s estate; or
- An immediate family member if no executor or administrator is appointed
Types of compensation that can be recovered include:
- Final medical expenses incurred as a result of the negligence
- Funeral and burial costs
- Loss of the deceased’s income
- Compensation for pain and suffering
- Punitive damages, if applicable
Filing a wrongful death claim can alleviate the financial burden on your bereaved family, providing you with the support you need during this difficult time.
Wrongful Death Claims Statute of Limitations in North Carolina
In North Carolina, wrongful death claims must be filed within two years of the date of death, as outlined in N.C. Gen. Stat. § 1-53(4). However, certain circumstances might alter this period, shortening or extending the time allowed for filing. Failure to act within this deadline can bar you from recovering compensation through a lawsuit. Furthermore, while the statute of limitations applies to filing a lawsuit, initiating an insurance claim should occur as promptly as possible to ensure you have ample time to negotiate a settlement before having to file a lawsuit, making it essential to consult with an experienced Raleigh wrongful death lawyer promptly.
How a Raleigh Wrongful Death Attorney Can Help
Hiring a knowledgeable wrongful death attorney in Raleigh provides the following essential benefits:
- Help Navigating the Legal Complexities: Your attorney will handle all the legal aspects of your claim, from investigating the cause of death to negotiating with the liable insurance companies.
- Maximizing Your Compensation: An experienced lawyer will be skilled at calculating and negotiating the full value of your claim, including your economic and non-economic damages.
- Peace of Mind: Knowing that your legal affairs are in competent hands will allow you and your family to focus on healing from your loss.
These points emphasize the importance of legal experience in wrongful death cases, particularly under North Carolina’s stringent laws.
For Experienced Wrongful Death Representation, Call Shipman & Wright Today
Losing a loved one wrongfully can be particularly devastating, and you should not have to deal with the legal aftermath alone. At Shipman & Wright, our compassionate and skilled Raleigh wrongful death lawyers are here to guide you through every step of your wrongful death claim to secure the justice and compensation your family deserves. Reach out to us today for a free consultation. Call (910) 762-1990.