One of the most painful experiences anyone can ever endure is losing a loved one. When a spouse, parent, or child is suddenly torn from your life, this tragedy leaves a gaping void behind.
If you have lost a loved one as a result of another person’s careless or negligent actions, the trauma you feel in the wake of this event can be beyond overwhelming. You may be left with medical bills from their initial injuries or other financial burdens, all while trying to grieve.
You don’t have to do this alone, and with the help of a wrongful death attorney in Wilmington, you can seek justice. Turn to the attorneys people have trusted for over 25 years at Flexner Housner Injury Law. Our commitment to you stems from understanding first-hand what you are going through. We promise to work hard for you because your case truly matters to us. Contact us today to schedule a free initial consultation with a Wilmington death claim lawyer from our compassionate team.
Understanding Wrongful Death Claims
Wrongful death claims often arise in similar circumstances to personal injury claims. When someone dies due to another person’s negligence, the personal representative of their estate is entitled to seek a wrongful death lawsuit.
If your loved one dies without a will naming you as the personal representative, the courts will appoint one from surviving family members. Spouses, parents, or children are often granted the right to become the representatives of the estate.
Car accidents are one of the most common causes of wrongful death in Wilmington, often due to distracted drivers or drunk drivers. Truck accidents, motorcycle accidents, slip and fall accidents, workplace accidents, and boating accidents are other ways that people tragically lose their lives.
No matter what circumstances caused the tragic accident that suddenly took your loved one from you, you may be able to seek compensation through a wrongful death claim. At Flexner Housner Injury Law, we understand how to meet the needs of mourning families and help them by leading them through the legal process while fighting for justice.
How a Wilmington Fatal Accident Lawyer from Flexner Housner Injury Law Can Help
When someone you love dies tragically, the sudden loss can feel insurmountable. There are many things you need to do in the aftermath, all while you are trying to handle your grief. You need a personal injury lawyer in Wilmington, NC, who you can trust to support you at every step of the process.
Every Wilmington fatal accident lawyer at Flexner Housner Injury Law is committed to providing the personalized legal service you deserve. Our client-focused approach ensures that we put you first and do what is right for you.
As you pick up the pieces in the aftermath of your tremendous loss, it is a daily reminder that your loved one is gone. We take over the entire process from conducting a comprehensive investigation to gather evidence to fighting tirelessly to get you the settlement you deserve.
The Legal Process for Wrongful Death Cases
With Flexner Housner Injury Law by your side, you’ll have our unwavering support as we get through your wrongful death claim together. The legal process for these types of cases first involves ensuring there is a personal representative to the estate. Whether your loved one had a will or not, we will step in to ensure a smooth process moving forward for beneficiaries.
Once a personal representative is appointed, the next steps for wrongful death cases are as follows:
- Investigation and Evidence: We delve into the facts and gather all relevant evidence.
- Calculating Damages: We explore the full worth of your wrongful death claim to fight for all of your economic and non-economic damages.
- Filing Your Wrongful Death Lawsuit: We make sure to file with the courts within the statute of limitations, which is two years from the date of death.
- Negotiations: Your Wilmington death claim lawyer will seek the full amount of what you are owed for your tragic loss by negotiating with the other party.
- Move Forward to Trial: If fair negotiations can’t be reached, we take it to the next level and pursue your case in the courtroom. We present all relevant evidence and facts to the judge and jury and fight to win in the name of justice.
Compensation in Wrongful Death Cases
The responsibility of the personal representative to the estate of the deceased is that they must file a wrongful death lawsuit on behalf of surviving family members. This allows them to recover compensation for their losses.
These situations are never easy, and we understand that there is no sum of money that can make up for your loss and make you feel better. However, the compensation award provided is intended to help make your life as whole again as possible in these circumstances.
When you file a wrongful death claim, compensation is typically awarded for funeral and burial expenses. It may also include end-of-life medical expenses for the treatments administered in an attempt to save your loved one’s life after the accident.
Wrongful death claims can be complex because they vary due to the unique circumstances involved. If your loved one was the primary breadwinner, you may be able to recover lost wages and future lost wages. Other damages that are often sought in these situations include loss of consortium, loss of companionship, and pain and suffering endured by the decedent prior to their passing.
At Flexner Housner Injury Law, each of our attorneys understands the insurmountable feelings of grief. We approach every case with compassion toward our clients and aggression toward the at-fault parties to support you in every way possible.
Common Challenges in Wilmington Wrongful Death Cases
While wrongful death cases typically arise out of personal injury matters, they tend to be far more emotionally charged and complex. You want justice, and you deserve it in the name of your lost loved one; however, there are often many challenges in wrongful death cases.
Proving Negligence
In order to have a valid wrongful death claim, the negligence of the at-fault party must be established. Their actions need to be the direct cause of death, and that can be a challenge without proper evidence.
There are four elements that are required to prove negligence, starting with a duty of care. In car accidents, this duty of care is something every driver must uphold on the road by driving in a safe, sober, and responsible way. The next element is breaching that duty, which requires the defendant to take an action that defies their duty of care.
Causation is the next point, and it must show that the negligent, intentional, or reckless behavior of the defendant caused harm, leading to the death of the victim. It must also result in damages that you have suffered by losing your loved one.
Negligence is difficult to prove without a Wilmington death claim lawyer who can investigate, gather, and preserve evidence, and fight hard for your compensation.
Calculating Non-Economic Losses Accurately
Even when all the elements of negligence can be proven, other obstacles can stand in your way. Non-economic losses are hard to quantify as they are intangible. We know how to build evidence that shows the depths of your emotional impacts to negotiate a larger settlement.
Issues with Insurance Companies
When insurance companies are involved, there are additional complexities to wrongful death claims. They often try to minimize payouts or deny liability, and in some cases, they will blame the decedent for the actions that led to their death, which can add undue stress to families as they grieve.
Time Limits
Most families grappling with this type of loss don’t start filing a wrongful death claim immediately. It is too painful and the grief is too fresh but delaying getting started reduces the time they have to take legal action. Don’t let more time slip by before the two-year statute of limitations runs out. Contact Flexner Housner Injury Law today for the caring attorneys you need to fight your legal battle.
How a Wilmington Death Claim Lawyer From Flexner Housner Injury Law Can Maximize Compensation
You’re already overwhelmed as you try to deal with waves of unending grief. A wrongful death attorney in Wilmington can provide you with the support you need during this time to handle all aspects of your case.
At Flexner Housner Injury Law, we take the reins while navigating your wrongful death claim. Once we have completed a full investigation, we’re able to see the full extent of your economic and non-economic losses. This allows us to maximize your claim and get you the amount you deserve in a settlement or verdict. We’ll negotiate tirelessly and we’re not afraid of holding the responsible party accountable in a court of law.
You’ve been through enough…contact the law firm that you can trust, that puts you first – Flexner Housner Injury Law. Schedule your free consultation today with a Wilmington fatal accident lawyer.