It does not need to be stated how the loss of a loved one due to someone else’s negligence is the most difficult experience imaginable. At Shipman & Wright, our team seeks to provide you with compassionate and effective legal representation to guide you in your Fayetteville wrongful death claim. Our Fayetteville wrongful death attorneys are dedicated to helping families seek justice and compensation for their profound losses. With extensive experience in wrongful death litigation, our team is prepared to advocate relentlessly on your behalf to make sure that your rights are protected and your family’s future is secure. Contact us today to discuss how our Fayetteville wrongful death lawyers can help you achieve a measure of justice and closure during this challenging period.
Why Choose Shipman & Wright in a Fayetteville Wrongful Death Claim?
Choosing Shipman & Wright for your Fayetteville wrongful death claim brings unmatched dedication and legal experience to your side. Here’s why our firm stands out as the best choice for handling such sensitive matters.
- Over 45 Years of Experience. Founded in 1980, our Fayetteville wrongful death attorneys have a comprehensive understanding of North Carolina’s wrongful death laws. We combine decades of legal experience with a thorough approach to investigation and litigation.
- Compassionate Client Service: At Shipman & Wright, we recognize the profound impact of losing a loved one due to wrongful acts. Our Fayetteville wrongful death attorneys approach each case with sensitivity and respect, dedicating ourselves to supporting you throughout the legal process.
- Proven Track Record: Our firm has a track record for securing favorable outcomes in wrongful death cases. We leverage our extensive knowledge and strategic negotiation skills to achieve settlements that reflect the true value of your loss, and we are prepared to take your case to trial if necessary to seek the justice your loved one deserves.
- No Upfront Costs: We offer our services on a contingency fee basis, meaning there are no upfront costs for you. We only receive payment if we win your case.
Why You Need An Attorney in a Fayetteville Wrongful Death Claim
Facing a wrongful death claim in Fayetteville without legal representation can be exceptionally challenging. Here’s how enlisting the help of our skilled personal injury attorneys can benefit you:
- Handling Wrongful Death Claim Procedures: Wrongful death claims involve specific legal procedures and strict compliance with state laws. Our Fayetteville wrongful death attorneys are proficient in the relevant North Carolina statutes. We will make sure necessary paperwork is filed correctly and deadlines are met.
- Accurate Valuation of Your Claim: Determining the full extent of damages in a wrongful death case can be complicated. Our team will accurately assess the economic and non-economic damages associated with your loss, including medical expenses, funeral costs, lost future earnings, and loss of companionship or support.
- Negotiation with Insurance Companies: Insurance companies often aim to minimize payouts, especially in wrongful death cases where amounts can be substantial. We have the experience to handle the insurers and protect your interests. We fight for a fair settlement that reflects the true value of your claim.
- Representation in Court: If a fair settlement cannot be reached through negotiations, it may be necessary to take your case to court. Our trial attorneys have the litigation skills required to represent your interests effectively in front of a judge and jury and present your case in a compelling manner to secure the best possible outcome.
Personal Representative in the Wrongful Death Act of North Carolina
Fayetteville follows the Wrongful Death Act of North Carolina. North Carolina General Statutes § 28A-18-2(a) outlines the responsibilities of personal representatives under the act:
“(a) When the death of a person is caused by a wrongful act, neglect or default of another, such as would, if the injured person had lived, have entitled the injured person to an action for damages therefor, the person or corporation that would have been so liable, and the personal representatives or collectors of the person or corporation that would have been so liable, shall be liable to an action for damages, to be brought by the personal representative or collector of the decedent; and this notwithstanding the death, and although the wrongful act, neglect or default, causing the death, amounts in law to a felony. The personal representative or collector of the decedent who pursues an action under this section may pay from the assets of the estate the reasonable and necessary expenses, not including attorneys’ fees, incurred in pursuing the action. At the termination of the action, any amount recovered shall be applied first to the reimbursement of the estate for the expenses incurred in pursuing the action, then to the payment of attorneys’ fees, and shall then be distributed as provided in this section. The amount recovered in such action is not liable to be applied as assets, in the payment of debts or devises, except as to burial expenses of the deceased, and reasonable hospital and medical expenses not exceeding four thousand five hundred dollars ($4,500) incident to the injury resulting in death, except that the amount applied for hospital and medical expenses shall not exceed fifty percent (50%) of the amount of damages recovered after deducting attorneys’ fees, but shall be disposed of as provided in the Intestate Succession Act. The limitations on recovery for hospital and medical expenses under this subsection do not apply to subrogation rights exercised pursuant to G.S. 135‑48.37. All claims filed for burial expenses of the decedent and reasonable hospital and medical expenses shall be subject to the approval of the clerk of the superior court and any party adversely affected by any decision of said clerk as to said claim may appeal to the superior court in term time.”
Under this provision, a Fayetteville wrongful death claim must be filed by the personal representative of the deceased’s estate. This individual is typically designated in the deceased’s will as the executor. If no executor is named or there is no will, the court appoints an administrator to fulfill this role. As the estate’s legal representative, this person manages all aspects of the wrongful death claim, from filing and dealing with court proceedings to potentially negotiating settlements. If the claim is successful, the personal representative is responsible for distributing the awarded damages according to the Intestate Succession Act or according to the directives in the will, focusing primarily on the deceased’s immediate family or other heirs.
Intestate Succession Act in a Fayetteville Wrongful Death Claim
In Fayetteville, the distribution of damages awarded in wrongful death claims is regulated by the North Carolina Intestate Succession Act in North Carolina General Statutes § 29. This legislation plays a crucial role when the deceased has not left a valid will and provides the structure for allocating assets, including any wrongful death damages, among the deceased’s survivors.
According to the Act, if the deceased is survived by a spouse and children, the spouse receives a specific portion of the estate with the remaining assets divided equally among the children. If there are no children, the spouse may inherit the entire estate. In the absence of a spouse, the estate is transferred to the children. If neither a spouse nor children are living, the estate is distributed to other relatives such as parents, siblings, or further extended family in a sequence outlined by the statute.
Damages awarded from a wrongful death lawsuit, which may include compensation for the deceased’s medical expenses prior to death, funeral and burial costs, lost future earnings, and compensation for pain and suffering endured before passing, are treated as part of the estate. These funds are distributed to heirs based on the statutory hierarchy.
Contact our Fayetteville Wrongful Death Lawyers Today
If you have lost a loved one due to someone else’s negligence or wrongdoing, seek legal guidance without delay. At Shipman & Wright, we understand the complexities involved in wrongful death claims and are dedicated to making sure that your rights are protected and that you receive the justice and compensation you deserve. Reach out to us today to schedule a free consultation. Let us help you seek closure and financial security during this challenging period. Call now to get the support you need. Call us today to speak with our experienced Fayetteville wrongful death lawyers.