Why Contact Tatum & Atkinson – Personal Injury & Accident Attorneys, The Heavy Hitters In A Wrongful Death Case?
Key Highlights:
- Why contact Tatum & Atkinson personal injury & accident attorneys, the Heavy Hitters in a wrongful death case? In NC, the time limit for filing a wrongful death claim is usually two years from the date of death. You will need help with filing your wrongful death claim because there is less time than there is for filing an injury case and you do not want to miss the deadline.
- Only the estate’s representative is allowed to make a wrongful death claim in North Carolina.
- The North Carolina 1% rule on fault can bar your claim, so you need to prove fault with evidence.
- There are more damages than just funeral expenses and lost wages for wrongful death.
- We prepare every case for trial, regardless of whether we settle the case.
When a family experiences a loss due to another person’s negligence, filing a lawsuit is not the first priority, nor should it be. Unfortunately, North Carolina has a limited timeframe in which to file a wrongful death lawsuit, and they have very specific laws governing how wrongful death cases are handled; thus, every decision made at this early stage will affect the outcome of your case. The first step toward protecting your future is choosing the right legal representation.
Why contact Tatum & Atkinson personal injury & accident attorneys, the Heavy Hitters in a wrongful death case? Our personal injury lawyers take the legal burden off of you so that you can concentrate on your recovery.
For a free consultation, please contact us at (800) 529-0804 so that we can assist you in moving forward.
Why Contact Tatum & Atkinson Personal Injury & Accident Attorneys?
There are many small rules and requirements when filing a claim that regular people aren’t aware of. That’s why having an experienced legal guide by your side can prevent pitfalls and ensure your paperwork is correct and deadlines are met.
The Rules Are Strict and Specific
Specific requirements for a wrongful death lawsuit exist as outlined in N.C.G.S. § 28A-18-2. A personal representative of the decedent’s estate is the only person who can file suit. Decedent’s estate must be opened and the personal representative appointed before a wrongful death claim can move forward; families that act without lawyers typically do not get through this step.
The Other Side Lawyers Up Immediately
The at-fault party’s insurance company typically begins preparing a defense only days after an accidental death occurs. Families planning funerals usually find themselves unable to put together a comparable level of preparation to withstand these defenses; additionally, any misstatements or hasty settlements can negatively impact the final value of a claim before it is ever known to be deficient.
The 1% Rule Raises the Stakes
North Carolina is a pure contributory negligence state; if a decedent was found to be 1% at fault for their own fatality, any wrongful death claim or fatal accident claim North Carolina will likely be dismissed. This rule can be overcome if the act that caused the decedent’s death is found to have been willful or wanton (e.g., gross negligence or drunk driving). However, the at-fault party’s insurance company will fight hard to assign any possible blame in an attempt to mitigate its liability. As a result, ensuring an accurate initial determination of fault is important.
How Tatum & Atkinson Approach Wrongful Death Cases
Our company merges trial readiness and robust community involvement to provide families with the aggressive legal recognition and compassionate support they need.
We Build Every Case as If It Will Be Tried
Although a majority of wrongful death cases eventually settle, making sure they’re prepared for court means that families are not at the mercy of an insurer’s offer; they have leverage because they have built their file with potential jury members in mind.
We Bring in the Right Experts
Our team of injury and North Carolina wrongful death attorneys works with the right experts to answer specific questions related to fatalities, including accident reconstruction, medical, economics, and life-care planning experts.
We Handle the Insurer So You Can Handle Your Family
We take over communication with the adjusters and lawyers from the first contact, prepare any necessary filings, and keep your family informed without requiring them to continue reliving the loss.
Straight Answers From People Who Understand Loss
Our firm gives families unambiguous answers regarding their cases as opposed to simplistic reassurances. With a team backed by military discipline and leadership on the national board of Mothers Against Drunk Driving, our founding attorneys take fatal-crash cases personally, especially those caused by impaired drivers.
How the Firm Builds a Wrongful Death Claim
The formula for crafting a successful wrongful death claim in North Carolina includes a thorough inquiry into the facts, a careful assessment of the losses suffered by the family, and a good knowledge of how the law allocates compensation payments.
Investigating What Actually Happened
The investigation starts with gathering the evidence to prove what you say happened, then reconstructing an event to hold someone liable based on the facts, not the insurance company’s version.
Proving the Full Value of the Loss
Under North Carolina law, you may recover for the cost of medical and other hospital care prior to death; the pain and suffering of the deceased before their death; funeral expenses; and the present-day monetary value of the loss to the family, such as lost income and the loss of the person’s services, care, companionship, and guidance. Punitive damages may be available if the defendant’s behavior was reckless.
Where the Recovery Goes
Most people do not know that a wrongful death award recovered under North Carolina law are surviving family members claim under the state’s intestate succession rules and is generally exempt from the claims of most of the decedent’s estate creditors. The award is intended to benefit the survivors and not pay the decedent’s prior debts.
What to Expect When You Work With Us
We offer a no-cost initial consultation, with all cases being handled on a contingency basis (meaning that if we do not recover any money for you, there will be no fees).
We assist you in opening the estate and identifying an appropriate person to serve as representative of the estate, investigate your case while evidence is still available, and pursue the maximum wrongful death compensation allowed by law in North Carolina rather than the amount that the insurance company would prefer to pay.
Throughout this process, we will communicate with your family frequently to keep you informed and allow you and your family members to grieve at your own pace.
Put the “Heavy Hitters” to Work on Your North Carolina Wrongful Death Case
If you’re unsure whether your family qualifies for a case, that uncertainty is enough of a reason to reach out to us. We have no-obligation free consultations available.
Why contact Tatum & Atkinson personal injury & accident attorneys, the Heavy Hitters in a wrongful death case? Since 2006, we’ve helped families from Raleigh and throughout North Carolina. We’ve been doing this for many years and have strong ties within local communities; The Heavy Hitters are experts on navigating NC’s strict 1% rule and getting past insurance companies who are trying to protect their own interests.
We fight your battle in court; call Tatum & Atkinson Law Firm at (800) 529-0804 today for a free consultation. Our firm works on contingency, meaning we only get paid if we win for your family.
Frequently Asked Questions
Who can file a wrongful death claim in North Carolina?
Only the estate’s personal representative may file suit, although the funds awarded will go toward the surviving family members. Therefore, the first step is to open the estate and appoint a representative. This representative will generally be the surviving spouse, parent, or adult children.
How long do we have to file?
Usually, two years after someone dies, which is less time than what is usually given for filing a claim due to an injury. The sooner you file, the more likely you are to preserve the evidence surrounding the accident because of natural decay and degradation of physical evidence over time.
What does it cost to hire a wrongful death lawyer NC?
No upfront fees. All of our cases are handled on a contingency basis, meaning no fees are due until you receive a recovery. Plus, we provide the first consultation free of charge, so families struggling with the loss don’t have to pick between choosing a wrongful death lawyer or paying for a funeral.
Will our case have to go to trial?
Based on our experience, the majority of wrongful death cases settle. However, we take the necessary steps to ensure that your case has the potential for trial; therefore, the family will not be negotiating from a position of weakness should a reasonable settlement not be achieved.
