Filing A Wrongful Death Claim After Your Loss
There is nothing more heart-wrenching than losing a family member unexpectedly. If your loved one was killed because of another person’s negligence or wrongful conduct, you are likely to feel justifiably angry, confused, and unsure of where to turn.
At David & Associates, Attorneys at Law, PLLC, we know that we can’t bring your loved one back or restore things to the way they were before the accident. However, we can fight to hold the negligent party accountable and help ensure you and your family receive the justice you deserve and the financial relief you need. With multiple offices throughout southeastern North Carolina, our Wilmington wrongful death lawyers are here for you and your family.
If you would like to learn more about filing a wrongful death claim in North Carolina, please call us at 910-208-0535 for a free, confidential consultation.
Who Can File a Wrongful Death Lawsuit?
Wrongful death claims are similar to personal injury claims in that they can be brought when a person dies due to someone else’s negligent or wrongful actions or inactions. In other words, if the person who died (the “decedent”) would have had grounds to bring a personal injury claim had he or she lived, this constitutes grounds for a wrongful death lawsuit.
In North Carolina, the personal representative of the decedent’s estate must be the one to bring the wrongful death claim/lawsuit. If the decedent died without a will and, therefore, there is no named personal representative, the court will appoint one. When appointing a personal representative, the court will often look to close surviving family members, such as a spouse, parent, or child.
Wrongful Death Damages
Although the personal representative must be the one to file the wrongful death claim, this is done on behalf of eligible surviving family members. These family members are entitled to recover compensation for certain losses (“damages”) they have experienced in relation to the death of their loved one.
In a wrongful death claim, you may be able to recover compensation for
the following damages:
- End-of-life medical expenses
- Funeral expenses
- Lost wages and future lost wages
- Loss of consortium
- Conscious pain and suffering endured by the decedent
- The value of the decedent’s assistance, protection, support, and services
- Loss of advice, companionship, comfort, guidance, and society
Types of Wrongful Death Claims We Handle
At David & Associates, Attorneys at Law, PLLC, we represent clients in Wilmington, Jacksonville, Wallace, and the surrounding areas who have lost loved ones in all types of accidents.
Our firm can represent your family in a wrongful death claim involving a:
- Car crash
- Truck accident
- Motorcycle crash
- Drunk driving accident
- Distracted driving accident
- Hit and run
- Dog attack/bite
- Slip and fall
- Recreational vehicle accident
- Boating accident
- Bicycle accident
- Pedestrian accident
We also represent families who have lost a loved one due to another person’s unlawful and/or violent actions. A wrongful death action is a civil claim; it is separate from any criminal proceedings that may (or may not) take place. Additionally, the outcome of a criminal case does not necessarily have any bearing on the outcome of your wrongful death lawsuit.
Providing the Personalized Care & Support You Need
Whether your loved one was killed on the job, in a car accident, or other circumstances, you may be entitled to compensation. When mourning families contact our firm, one of the first things we do is ensure the estate is properly set up to handle the claim. We identify someone to make decisions on behalf of the decedent and help determine where money from a settlement will be distributed.
Likewise, if you anticipate disputes from your deceased spouse’s other family members, we can help ensure a financial settlement does not bring more stress.
Reach Out to Our Firm for a No-Cost, No-Obligation Consultation
Here at David & Associates, Attorneys at Law, PLLC, we know that this is a difficult time for you, and we are here to provide support and counsel throughout the legal process. With over a century of combined experience and more than 65,000 cases handled, we have the in-depth legal knowledge and skill to effectively advocate for you and your family.
When you choose our firm, you receive personal attention and consistent communication every step of the way. We are available 24/7 to take your call and answer any questions you may have. If you would like to learn more about how we can help you and your family seek justice, please reach out to us today to schedule a free initial consultation.