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 Shipman & Wright today for a free consultation and let us fight to secure the compensation you deserve.
Why Shipman & Wright Is The Right Choice For 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 injury attorneys 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 your 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 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 our Wilmington wrongful death lawyers today.
What Is Wrongful Death?
In North Carolina, a wrongful death is defined under N.C. Gen. Stat. § 28A-18-2 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.
A wrongful death can leave the victim’s loved ones not only grieving but also facing significant financial and emotional hardships, highlighting the urgent need for fair compensation. However, securing compensation after losing a loved one wrongfully can be challenging, as insurance companies frequently attempt to deny or minimize claims.
This is where a skilled Wilmington wrongful death attorney can help. Evidence shows that families who engage experienced wrongful death attorneys significantly increase their likelihood of receiving fair compensation compared to those who attempt to manage these claims on their own.
Common Causes of Wrongful Death
A wrongful death can occur due to various causes, each devastating in its own right. Here are some of the most common:
- Medical Malpractice: Errors in medical treatment or diagnosis leading to death.
- Vehicle Accidents: Fatalities resulting from car accidents, truck accidents, and motorcycle accidents, as well as pedestrian accidents in Wilmington, NC.
- Workplace Accidents: Industrial or construction accidents in Wilmington leading to fatal injuries.
- Product Defects: Deaths caused by defective or unsafe products.
- Acts of Violence: Fatal incidents resulting from criminal actions or personal disputes.
Identifying the cause of your loved one’s death is vital to establishing liability and holding the wrongdoers accountable.
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 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 is also important to note that North Carolina’s strict contributory negligence law (N.C. Gen. Stat. § 1-139) also plays a critical role, where if the deceased is found even partially at fault, you and your family may be barred from recovering any damages. Our Wilmington wrongful death lawyers can help demonstrate the defendants’ negligence while disproving any potential fault on the part of the deceased.
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, typically the executor or administrator. This personal representative may be designated in the deceased’s will or appointed by the court if no will exists.
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:
- A Spouse: 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.
Compensation Available For Wrongful Death Claims
In Wilmington, compensation for wrongful death may cover various damages, aimed at easing the financial impact on the bereaved family. Here are some types of compensation that your family may be entitled to recover:
- Medical Costs: Expenses associated with the deceased’s final illness or injury, such as a traumatic brain injury or spinal cord injury.
- Funeral Expenses: Costs associated with burial or cremation.
- Loss of Income: Compensation for the future earnings the deceased would have provided.
- Pain and Suffering: Monetary relief for the emotional distress caused by the loss.
- Punitive Damages: Additional compensation to punish the wrongdoer in cases involving egregious negligence.
The Statute of Limitations For Wrongful Death Claims in North Carolina
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 timeframe, 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 lawyer ensures that all relevant evidence is preserved and enhances your chances of securing a fair settlement.
How Can A Wilmington Wrongful Death Attorney Help You?
Choosing a skilled wrongful death attorney in Wilmington can significantly impact the outcome of your claim. Here’s how our team at Shipman & Wright can assist you:
- Investigating the Case: Thoroughly gathering and analyzing evidence to support your claim.
- Navigating the Legal Complexities: Managing all legal procedures and filings, so you and your family can grieve your loss and heal.
- Maximizing Your Compensation: Strategically negotiating to secure the fullest possible compensation.
- Representing You in Court: Advocating forcefully on your behalf in court if necessary to recover the compensation you truly deserve.
Contact Shipman & Wright Today For Help With Your Wrongful Death Claim
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. Reach out to Shipman & Wright in Wilmington to discuss how we can support you through this difficult time.
Our experienced Wilmington wrongful death attorneys are ready to provide you with the guidance and representation you need. Call Shipman & Wright today for a free consultation and take the first step towards justice for your loved one.