Losing a loved one is an unimaginable pain, made even more difficult when their death is caused by the negligence or wrongful actions of another party. If you find yourself facing such a situation, you need compassionate support and skilled legal representation to seek justice on behalf of your loved one and your family.
The Jacksonville wrongful death attorneys at Shipman & Wright are here to help you navigate through this difficult time and seek justice. Contact us today for a free consultation.
Why Work With Shipman & Wright?
At Shipman & Wright, we understand the devastating impact of wrongful death cases, and we are committed to providing compassionate support and skilled advocacy to our clients in Jacksonville. Here is why hiring our law firm is a wise choice:
- Free Consultation: We offer free consultations to discuss your case and provide personalized legal advice.
- Contingency Fee Basis: We handle wrongful death cases on a contingency fee basis, meaning you do not pay legal fees unless we win compensation for you.
- Experienced Attorneys: Our legal team consists of experienced wrongful death attorneys with a deep understanding of North Carolina’s laws and legal procedures.
- Compassionate Support: We provide compassionate support and guidance to our clients throughout the legal process, helping them navigate this challenging time with care and empathy.
- Proven Track Record: With a track record of success in handling wrongful death cases, you can trust us to fight tirelessly for the justice and compensation you deserve.
Understanding Wrongful Death Claims
A wrongful death claim can arise when a person dies as a result of another party’s negligence or wrongdoing (N.C. Gen. Stat. § 28A-18-2 and 28A-18-2). Common causes of wrongful death include:
- Car Accidents
- Medical Malpractice
- Workplace Accidents on Construction Sites
- Defective Products
- Premises Liability
Losing a loved one wrongfully can result in emotional and financial hardships for the surviving family. However, insurance companies are often only concerned with minimizing how much they have to pay out, which is why having an experienced Jacksonville wrongful death lawyer on your side is essential. Studies have shown that claimants represented by skilled Jacksonville injury attorneys typically recover far more compensation than those who attempt to navigate the legal process on their own.
Establishing Liability for a Wrongful Death Claim
Liability for wrongful death is established by proving negligence or intentional misconduct on the part of the defendant. Negligence occurs when a person fails to exercise reasonable care, resulting in harm to others.
To establish negligence in a wrongful death case, the plaintiff must demonstrate the following elements:
- Duty of Care: The defendant owed a duty of care to the deceased person.
- Breach of Duty: The defendant breached this duty of care through negligent actions or failure to act.
- Causation: The defendant’s breach of duty directly caused the victim’s death.
- Damages: The victim’s death resulted in damages to the surviving family members, such as financial losses, emotional pain and suffering, and loss of companionship.
North Carolina also follows the doctrine of contributory negligence, meaning if the deceased person contributed to their own death in any way, the surviving family may be barred from recovering damages (N.C. Gen. Stat. § 1-139). This makes it crucial to hire a skilled Jacksonville wrongful death lawyer who can gather evidence to establish the defendant’s liability and disprove any potential claims of contributory negligence.
Compensation for Wrongful Death
In North Carolina, the following individuals have the right to file a wrongful death claim on behalf of the deceased person’s estate and surviving family members:
- The executor or administrator of the deceased’s estate; or
- An immediate family member if no executor or administrator is appointed
Compensation awarded in a wrongful death case may include:
- The deceased’s final medical expenses
- Pain and suffering by the deceased before their death
- Funeral and burial expenses
- Loss of the deceased’s income
- Loss of the deceased’s services and support
- Loss of consortium
In cases involving particularly egregious conduct, punitive damages may also be awarded to punish the defendant and deter similar behavior in the future.
What Is The Statute of Limitations for Wrongful Death Claims in North Carolina?
In North Carolina, the statute of limitations for wrongful death lawsuits is generally two years from the date of the victim’s death, but certain circumstances may affect this time limit (N.C. Gen. Stat. § 1-53(4)). Failing to file a claim within the prescribed time frame can result in the loss of your right to seek compensation.
It is, therefore, essential to consult with an experienced wrongful death attorney as soon as possible to ensure that your claim is filed within the applicable statute of limitations. Furthermore, an insurance claim should be initiated as soon as possible after the incident to allow for a settlement to be negotiated before the statute of limitations expires.
Let Shipman & Wright Handle Your Wrongful Death Claim
A Jacksonville wrongful death attorney can provide invaluable assistance by investigating the case, negotiating with the insurance companies, and advocating for your rights in court. By hiring an experienced attorney from our team, you can focus on grieving and healing while your legal advocate handles the complexities of your wrongful death case.
If you have lost a loved one due to the negligence or wrongful actions of another party, you do not have to face the legal process alone. At Shipman & Wright, our experienced wrongful death lawyers in Jacksonville are here to provide you with the compassionate support and skilled representation you need during this difficult time.
Contact Shipman & Wright today to schedule a free consultation with one of our knowledgeable Jacksonville wrongful death attorneys. Let us handle the legal complexities of your wrongful death claim so that you can focus on honoring your loved one’s memory and moving forward with your life. Reach us at (910) 762-1990.