Why Hire A Law Firm In North Carolina When There Is a Death?
Key Highlight:
- Hire a law firm when a wrongful death action can only be filed by the estate’s personal representative.
- The evidence of the deadly accident is gone within days/weeks without preservation.
- Establishing the value of a life requires the work of medical, economic, and reconstruction specialists.
- The 1% Rule of North Carolina may prevent the fatal accident claim, thus establishing that the fault comes first.
- The statute of limitations for filing a case is two years after the date of death.
Why Hire a Law Firm in North Carolina When There Is a Death?
Following a tragic death, no loved one needs to conduct the legal investigation in their mourning; however, the wrongful death lawsuit in North Carolina requires doing exactly that. Let a law firm shoulder this burden while the family takes care of one another. Find out below when such a claim is necessary and what the wrongful death attorney does.
My name is Robert Tatum, and I’m an attorney with the Tatum & Atkinson Law Firm. Being a veteran-owned firm for the past 15 years, since 2006, we have over 65 years of combined experience helping victims with legal help after a fatal accident. In case you’re ever in need of a North Carolina wrongful death lawyer, our attorneys know precisely how to secure your wrongful death compensation.
Why the Wrongful Death Case Is Special
Here are 2 main reasons that make a wrongful death case different from the rest.
Because It Does Not Pertain to the Relatives Themselves
Unlike the usual personal injury lawsuit, the wrongful death case in North Carolina can only be brought by the personal representative of the decedent’s estate according to N.C.G.S. § 28A-18-2 and not directly by distressed relatives themselves, who are usually unaware of this requirement.
Because the Losses Are Assessed in a Different Way
These lawsuits do not assess losses of the injured party; the injured party is dead. They assess losses of the survivors and the support, advice, and company that are now missing from the family. Quantifying those losses in a convincing way is not easy.
Responsibilities That Are Too Heavy for Your Family to Bear Alone
Things that can cause hurdles in a claim are multidimensional.
Evidence Vanishes Fast
Once there’s been a deadly crash, cars can be fixed up, video surveillance systems wiped, and data from a truck deleted in months, while the other side may already be at work within days. The attorney acts quickly to save what your case will need later.
It Isn’t Uncommon for Liability to Be Disputed
In defending a claim, the insurance company’s strategy will attempt to refute how the death occurred and by whom. It is impossible to refute these points without conducting a proper investigation, including the police report, the scene, witnesses, and evidence, but not a call to the adjuster.
1 Percent Can Invalidate Your Entire Claim
Since North Carolina has adopted the pure form of contributory negligence, having the deceased at fault by even one percent can completely negate the case. This tough system is precisely why they search for anything that would hold you accountable for your accident.
How a Law Firm Creates a Wrongful Death Claim
The process through which a claim is built:
The Investigation
Such claims are created out of car accidents, truck accidents, motorcycle accidents, pedestrian accidents, and workplace accidents, among others, all handled through distinct investigations. In a truck accident case, for example, federal logs and black box information could become crucial; in a car accident, it would be the reconstruction of the accident scene.Â
The Experts that Prove the Claim
A wrongful death claim usually needs an investigation conducted by a team of experts, including accident reconstruction specialists who can prove how the accident happened, medical experts to prove what caused the death, and economists who can determine the financial impact the death will have on the family.
Recoverable Damages in a Wrongful Death Case in North Carolina
Under North Carolina laws, there are recoverable damages like the cost of any medical and hospital care before death, the suffering endured by the deceased, the costs for burial, as well as the current dollar value of the losses sustained by the survivors; economic losses due to the loss of income, services, support, protection, care, comfort, and guidance of the deceased.Â
In cases where the behavior of the defendant is grossly negligent, like drunk driving, punitive damages can be awarded.
Enabling the Family to Concentrate on Recovery
The most basic reason why a client would choose to work with a company is that the lawyer deals with all the phone calls. The insurance company and the defense will be calling for statements and documentation when the family may very well be making funeral plans.Â
This ensures that the family does not have to settle the case quickly while they are at their weakest point. From there, the case proceeds through an investigation, claim, negotiation, and then either settles or goes to trial; in the case of North Carolina, a wrongful death settlement must be approved by the courts.
Wrongful Death In North Carolina? Call Tatum & Atkinson Today
Do you want to know if your family can file a case? Your answer is not expected now, and certainly not by yourself. It will not cost you anything to determine where you stand.
Since 2006, Tatum & Atkinson has been representing North Carolina families from our offices in Raleigh and throughout the state. Our founding attorney, Robert Tatum, is a veteran of the U.S. Army Special Forces, and our founding attorney, Season Atkinson, is on the national board of Mothers Against Drunk Driving. The Heavy Hitters treat wrongful death claims with seriousness, conduct the investigation and communication with the insurance company, and let your family concentrate on each other.
Call (800) 529-0804 for a free consultation. Our fees are based on a contingency fee, and there will be no fee unless we win your family’s case.
Frequently Asked Questions!
Who can file a wrongful death claim in North Carolina?
Only the personal representative of the decedent’s estate. If the estate has yet to be opened, that takes place first, and the representative is appointed by the court, often a spouse, parent, or adult child, for the filing of the case on behalf of the family.
How long do we have to file?
Usually, two years after the date of death, which is shorter than the statute of limitations for many injury claims. Due to the need to open an estate first and because evidence deteriorates quickly, it makes sense to start sooner rather than later.
What if our loved one was partly at fault?
The 1% rule of North Carolina may prevent the recovery of any money if the decedent had any small amount of fault in the accident. However, if the other driver was intoxicated or grossly negligent, that defense rarely holds up, which is why it is important to know how the decedent died.
Will the case have to go to trial?
Most of the wrongful death lawsuits settle out of court, although a settlement must still be approved by the court. It is usually the preparation for trial that makes a settlement fair.
What does it cost to hire a wrongful death lawyer?
No upfront cost at all. This lawsuit operates on a contingency basis, which means that you won’t have to pay unless you recover anything; the initial consultation is free.
