What You Need to Know About North Carolina Wrongful Death Cases

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It is hard to deal with the death of a family member even under the most benign circumstances. But death of a loved one that occurred as a result of negligence or carelessness of another can leave the grieving loved ones completely devastated.

You should engage legal counsel as quickly as possible if you are dealing with the wrongful death of someone close to you because of another person’s fault. An experienced North Carolina wrongful death attorney will help you file a legal claim to preserve your rights and get you the compensation you deserve.

Legal Aspects of Wrongful Death in North Carolina

Wrongful death claims are the state law’s attempt to afford you the opportunity to financially recover from the loss of a loved one. It also quantifies the impact of your loss in financial terms. North Carolina statute of limitations for wrongful death claims is two years from the date your loved one passed away in a wrongful death accident. However, it may be different if the injury responsible for their eventual death took place earlier.

A wrongful death claim in North Carolina can only be made by the deceased’s personal representative. This is usually a close family member or spouse. Legally, this person is the Administrator of the deceased’s estate if they passed without a Will. It can also be the Executor in case there is a Will.

Types of Compensation in Wrongful Death Claims

The types of damages in North Carolina for these cases can include:

  • Funeral and burial expenses
  • Medical expenses owing to the injury that led to the death
  • Loss of income, care, services, and companionship of the deceased
  • Pain and suffering experienced by the deceased

In rare circumstances, a judge may award punitive damages for the victim’s family. While monetary compensation cannot undo the tragic loss suffered by you, it can relieve the financial burden you face. It can also provide your family with some comfort and security.

Emotional Distress in Wrongful Death Claims

It can be painful to lose a loved in an accident or tragedy. The surviving family members in some cases may be able to recover damages for their emotional distress. In North Carolina, compensation for “negligent infliction of severe emotional distress” is recognized. You should prove the following in order to prevail:

  • You suffered significant emotional distress going beyond normal levels of fear, disappointment, and sadness.
  • The emotional distress could have been foreseen as a reasonable consequence of the other party’s intentional or negligent actions.

You may be entitled to receive compensation for emotional distress if you suffered from chronic anxiety, depression, or psychosis because of the accident.

Talk to a Seasoned and Compassionate Wrongful Death Attorney Today

Wrongful death lawsuits can be complicated since they may involve professional misconduct, criminal investigations, history of negligent conduct, and violation of government regulations. It may also involve other victims.

You should speak with an accomplished North Carolina wrongful death attorney for pursuing the case for damages. The team at Tatum & Atkinson, PLLC have experience interviewing and deposing witnesses, reviewing medical records, and working with investigators.

We understand that legal measures cannot bring your loved ones back. But we can help you fight to get justice. Consulting with an experienced and compassionate wrongful death lawyer is the first step in holding the negligent party accountable. Give us a call today at 800-529-0804 or use our online form to schedule an appointment.

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