Personal Injury Lawyer Wilmington NC | Flexner Houser Injury Law

Wilmington Wrongful Death Lawyer

A wrongful death can be a difficult experience for the surviving loved ones. If your relative dies because of someone else’s negligence a Wilmington wrongful death lawyer can help you begin the journey of healing by dealing with insurance companies and pursuing damages on your behalf. Losing a loved one can be painful and if their death occurred due to someone else’s reckless behavior, it is considered a wrongful death. It can be more damaging if your family member’s death occurs because of avoidable circumstances. Wrongful death cases can easily become complex legal issues, especially when a lot of money is involved. Flexner Houser offers comprehensive legal assistance for wrongful death cases, car accidents, truck accidents, motorcycle accidents, and boating accidents in Wilmington. Our commitment to providing compassionate legal support during these difficult times can help you get justice for your deceased loved one. Books with the name "Wrongful Death"

Our Wilmington, NC Wrongful Death Attorneys Can Help You at Each Step of Your Case

A personal injury lawyer in Wilmington can help you deal with the untimely death of your loved one. Experienced wrongful death attorneys understand how insurance companies approach wrongful death lawsuits and can prepare a sound strategy to combat their tactics. A wrongful death suit won’t bring back your loved one, but it can be a solid foundation to help rebuild your life.

Common Causes of Wrongful Death in Wilmington, NC

Car Accidents

Motor vehicle accidents are the most common causes of wrongful death. If your loved one was killed in a fatal car wreck, then you and other surviving relatives could be entitled to compensation. Consider speaking with a Wilmington wrongful death lawyer for a free consultation if this happened to your loved one.

Truck Accidents

Trucking accidents can be fatal due to the size and weight of commercial vehicles. If your loved one was killed in an accident involving an 18-wheeler or semi-truck, then determining who’s liable may prove difficult. A personal injury lawyer in Wilmington can help you hold the liable parties responsible for the fatalities their negligence caused.

Motorcycle Accidents

Motorcycle crash victims are often falsely accused of causing accidents. If your loved one was killed in a motorcycle accident and their insurer is denying your right to compensation, then a wrongful death lawyer can help you recover the benefits you deserve.

Boating Accidents

Boating accidents can be scary for everyone involved. However, if your deceased relative was involved in a fatal accident through no fault of their own, they could be entitled to damages that you could recover.

Other Wrongful Death Causes

Other common causes of wrongful death include:
  • Assault
  • Defective products
  • Manslaughter
  • Medical malpractice
  • Nursing home negligence
  • Premises liability

Immediate Concerns After a Wrongful Death

Here are some of the common questions our North Carolina wrongful death law firm addresses most often:

What Should I Do Immediately After a Wrongful Death?

The steps you take immediately after losing someone in a serious accident can help determine if you’re able to receive benefits. Adept fatal accident attorneys recommend:
  • Reporting the death
  • Calling 911 and emergency services to the scene
  • Get your loved one the appropriate medical care
  • Document the accident by taking photos of the accident scene
  • Keep all records of their medical care and acquire the police or accident report
  • Reach out to an experienced wrongful death attorney

How Do I Know If My Loved One’s Death Was Due To Wrongful Actions?

North Carolina defines wrongful death as a “wrongful act, neglect, or default of another.” In wrongful death claims, if the victim had survived, they would have the right to file a personal injury lawsuit against the defendant. Since the defendant’s reckless act, neglect, or default caused your loved one’s demise, you file the lawsuit on their behalf. Wrongful death claims in North Carolina consider the actual and proximate cause of death. The actual cause of death often refers to the defendant’s actions or lack of action that led to the victim’s death. The proximate cause of death requires the victim’s loved ones to prove that an action or inaction by the defendant resulted in the victim’s demise.

Who Can File a Wrongful Death Claim?

A wrongful death of a financially supportive family member could leave your family struggling. That’s why close family members have the right to seek compensation by filing a wrongful death lawsuit. Wrongful death claims are filed on behalf of the estate and the surviving family members by a personal representative of the victim. Typically this is the executor or administrator of the estate. If the wrongful death victim does not have a will, a representative will be named by the court. Wilmington wrongful death lawyers can discuss all of these important issues with you and guide you through every step of the process. Flexner Houser offers a free consultation to the surviving relatives of wrongful death victims.

Legal and Liability Questions About NC Wrongful Death

What Constitutes a Wrongful Death Under NC Law?

Wrongful death in North Carolina is any death caused by “the negligent, willful, or wrongful act, neglect, omission, or default of another.” A wrongful death claim is similar to a personal injury claim, except that it is brought by a representative of the victim’s family or estate.

Who can be held liable for wrongful death?

The party liable for a wrongful death depends on the cause of the death. Here are some of the most common individuals who could be sued for damages when a fatal accident occurs:
  • Negligent drivers
  • Auto parts designers
  • Vehicle parts manufacturers
  • Parts distributors and suppliers
  • Safety inspectors
  • Maintenance professionals
  • Motor vehicle dealerships
  • Government agencies that fail to ensure road safety
  • Work colleagues
  • Supervisors
  • Employers
  • Healthcare professionals
  • Surgeons
  • Primary care physicians
  • Internal medicine doctors
  • Pediatricians
  • Nurses
  • Nursing assistants
  • Anesthesiologists
  • Obstetricians
  • Midwives
  • Doctor’s offices
  • Hospitals
  • Nursing home facilities
  • Assisted living facilities
  • Property owners
Two women grieving a wrongful death of a relative

Wrongful Death Compensation and Financial Concerns

What Compensation Can I Receive in a Wrongful Death Case?

Wrongful death compensation will be awarded according to the different factors involved in the case although it’s hard to determine an average settlement because each claim is unique. After a successful wrongful death lawsuit, a plaintiff could be awarded compensation for the following:
  • Medical bills
  • Pain and suffering
  • Loss of the deceased’s lifetime income
  • Loss of services the deceased provided
  • Loss of any inheritance that would have otherwise been received
  • Loss of companionship or loss of consortium
  • Funeral costs
  • Punitive damages

How Is Compensation for Pain and Suffering Calculated in Wrongful Death Cases?

Wrongful death pain and suffering damages are often calculated by using one of the following two methods:
  • The multiplier method involves multiplying the decedent’s medical bills, lost wages, and property damage by a number between 1.5 and 5 to determine how much money their family is owed.
  • The per diem method establishes a per diem monetary award for the pain and suffering the victim experienced before they died and then multiplying it by the number of days the victim lived after their accident or injury.

Documentation and Reporting of Wrongful Death

What Documents Are Needed to File a Wrongful Death Claim?

You need the following pieces of evidence to build a strong case and win a wrongful death case:
  • Death certificate
  • Police report
  • Medical reports
  • Autopsy report
  • Accident scene photos
  • Eyewitness testimony
  • CCTV surveillance video

How Do I Obtain a Death Certificate and Autopsy Report?

The vital records office in North Carolina can help you order a certified copy of a death certificate online, by mail, or in person, get a copy fast, and learn the cost for each certified copy You will need to know the date and place of death; however, they may ask for other details about the deceased person, how you are related to them, and why you want the certificate.

Wrongful Death Legal Process and Representation

Do I Need a Wrongful Death Attorney To Pursue a Claim?

Most wrongful death claims get settled out of court. However, some cases need to go to court so that families can fight for the compensation they deserve. If your wrongful death case needs to go to trial, a skillful trial attorney can help to protect your deceased loved one’s rights.

How Do I Choose the Right Attorney for a Wrongful Death Case?

When looking for attorneys it’s important to choose an attorney that is ideal for your particular case. An attorney with experience in wrongful death claims will have the knowledge and skills necessary to support you at each step of your case. Keep the following in mind when choosing the right wrongful death attorney for you:
  • Go for an free initial consultation
  • Choose an attorney with years of experience
  • Review their record
  • Consider their fee structure
  • Prepare and ask the right questions

What Should I Expect During the Legal Process for a Wrongful Death Claim?

Here are the most common steps in wrongful death claims:
  • The initial stage is establishing you have a claim and may include meeting with lawyers to get started
  • Next, you’ll open a probate estate and begin suing on behalf of your relative. This part is much easier if there is a will or trust in place.
  • After probate, you’ll establish the types of damages you’ll be seeking in your wrongful death claim. Damages can be awarded for the known and unforeseen costs associated with the death of your loved one.
  • Once you begin the discovery phase, your lawyer will work to gather evidence to support your claim. During this phase, your lawyer will demonstrate why the negligent party is liable for your injuries and why you deserve compensation.
  • After gathering evidence your lawyer will seek to settle your claim. Settling is always a better option because it saves everyone time and money. Mediators can help both parties find a sensible agreement that protects you from damages and future damages.
  • If you’re unable to settle, then your case will go to trial. At the trial, a jury will determine whether wrongful death occured and then calculate the amount of compensation you’re entitled to.
  • If you’re not satisfied with the outcome of your trial you can appeal the decision.

Emotional and Practical Concerns

How Do I Cope With the Emotional Stress of a Wrongful Death Claim?

Seeking support from loved ones and friends, joining support groups, and consulting mental health professionals can be beneficial to those coping with the stress of a wrongful death.

What support services are available for families dealing with wrongful death?

Having a network of support services at your disposal can make a big difference in how you deal with your loss. Here are some resources that you can use after the untimely death of a loved one: Wrongful death attorneys can help you start the road to recovery after the death of a loved one. They can help point you toward supportive resources, fight to protect your rights, and help you understand the wrongful death claims process while you grieve.

Can I Seek Compensation for Loss of Companionship or Emotional Suffering?

Yes, you can seek economic and non-economic damages after the death of a loved one. If their death was caused by someone else’s negligence, then you’re entitled to special damages that address your emotional losses after losing someone dear to you. Closeup of a clipboard with the text "Wrongful Death" on it

Hire Our Wrongful Death Lawyers in Wilmington, NC For Your Case

Knowing what to do after a wrongful death can be difficult. However, our team at Flexner Houser Injury Law will give you honest, straightforward advice, provide a wrongful death team you can trust, and show you why your case matters to us.
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