North Carolina Wrongful Death Car Accident Lawyer

For many people, losing a loved one is the worst thing imaginable. The loss of someone dear to your heart is even worse when their death is completely preventable and meaningless and caused by someone else’s negligence or recklessness.

North Carolina Wrongful Death Car Accident Lawyer

This unexpected loss is devastating to the family left behind and often leaves them in a state of shock that lasts long past the funeral. Everyone’s situation is different, but many families find themselves uncertain about their financial future and what to do, especially when the one they lost was the earner of the primary source of income.

The attorneys at Tatum & Atkinson: The Heavy Hitters are knowledgeable and compassionate and will answer all your questions if you have lost someone in a wrongful death car accident. They will guide you through the entire legal process, so you have one less thing to worry about.

If you have lost a family member in a car accident that was caused by someone else’s reckless actions or negligence, you may be able to seek financial compensation for your losses. When someone else causes a car accident that results in one or more fatalities, the family typically has the legal right to recover compensation for medical bills, funeral expenses, and any other financial losses directly related to the collision.

The driver at fault for the accident should be held accountable for taking your loved one’s life. The lawyers at Tatum & Atkinson understand that there is no dollar amount that is enough to make up for the death of your loved one.

A wrongful death claim is meant to assist your family in reclaiming financial stability, as an unexpected loss can be financially devastating. The claim may also help bring your family some closure for your loss and help you move on with your lives, remembering the good times with your family member instead of focusing on what tore you apart.

Filing a wrongful death claim may be the last thing on your mind while mourning the loss of your loved one, but it is best to get the ora started as soon as possible after the loss. Contacting the experienced attorneys at Tatum & Atkinson right away will ensure that your legal options are available and handled appropriately from the start.

Consulting with one of our compassionate and experienced lawyers is one of the best things you can do in this difficult situation and we will take care of your best interests throughout the entire legal journey. Call (800) LAW-0804 today for a free consultation to discuss your circumstances.

What Services Do North Carolina Wrongful Death Attorneys Provide?

If you are in the painful position of having to file a wrongful death claim, an experienced North Carolina wrongful death car accident attorney will be an incredible asset for you. Your lawyer will perform a number of services for you, including the following:

• Investigation of the accident to uncover the true causes of the wrongful death. This investigation will include seeking possible sources for causes that occurred before the accident occurred.
• Discovery of all individuals, companies, or other entities responsible for causing the wrongful death.
• Research appropriate insurance policies for sources of compensation.
• Collect and prepare evidence of damages suffered as a result of the accident.
• Identify those eligible to receive compensation for the wrongful death.
• File claims for wrongful death with applicable insurance companies.
• Put together the necessary elements to create a strong lawsuit for the wrongful death.

What Are Wrongful Death Claims in North Carolina?

A wrongful death is defined by Forbes as when a person or entity fails to fulfill a legal duty and causes a death to occur. When this happens, a wrongful death lawsuit can be filed by certain surviving family members or by a personal representative from the estate of the deceased.

This lawsuit is filed in a civil court for monetary compensation for the loss of the family member and any expenses that were incurred due to the accident. There may also be a criminal prosecution against the person responsible for the accident, but that is a separate case, and both cases are able to proceed without having to wait for a verdict of one to affect the other.

What Can the Family Get From a Wrongful Death Lawsuit?

According to North Carolina General Statute 28A‑18‑2, when a person’s death is caused by “a wrongful act, neglect or default of another,” the person, corporation, or entity responsible may be sued just as they could have been if the deceased person had lived.

The victim’s family typically pursues this claim, or it is pursued by an assigned representative on behalf of the victim’s estate. Whoever is seeking compensation in the wrongful death lawsuit must provide evidence that the victim’s death was caused by the defendant’s negligence, wrongful act, or default.

What Evidence Is Required in a Wrongful Death Case?

The evidence required in order to be successful in a wrongful death lawsuit must prove that the defendant is guilty of the following:

• They caused the death of the victim
• The defendant should have known that his or her reckless actions, carelessness, or failure to act could lead to the death of another person

For example, if the driver was speeding excessively, logic should have informed them that exceeding the speed limit was unsafe and could cause a fatal car accident if a collision were to occur.

As any driver would have been able to reasonably foresee the danger of speeding, the driver who chose to speed should be held liable for providing compensation to the family for causing the death of one or more people.

Does It Matter if the Deceased Was Partly at Fault for the Accident?

North Carolina is different from other states in that it has a law called the contributory negligence law. Under this law, anyone who contributed to causing an accident is not eligible to recover damages.

This means that if the defense finds that the deceased had even the smallest share in the responsibility for the accident, the surviving family members would not be able to pursue compensation for their damages.

The harshness of this law is another reason why having a knowledgeable attorney working on your behalf is so crucial. Discovering who was at fault for the accident and determining any negligence or other wrongdoing is a complicated matter.

Your lawyer from Tatum & Atkinson: The Heavy Hitters has experience in investigating car accidents and knows what to look for. They will make sure you are aware of your legal options and will advise you based on your specific circumstances.

Losing a Family Member in a North Carolina Wrongful Death Car Crash: Understanding Your Claim

In North Carolina, a number of traffic hotspots, like I-77 in Charlotte, I-40, I-95, and the Raleigh Beltline, are notorious for causing accidents that lead to fatalities. When an accident results in the death of a loved one, going through legal processes can be a tough task. A wrongful death lawsuit helps hold the responsible party financially liable while serving justice to the family members.

These lawsuits are composed of various parts under the state’s regulations: financial-related damages and non-financial pain and suffering. If families understand each component involved in the claim, they will know what they can expect for the loss they suffered.

• Funeral and Repatriation Expenses: Funeral services are estimated to cost around $8,000 in North Carolina. If the accident occurs far from home, additional expenses can be incurred through transportation (between $1 and $4 per mile), service charges, and even air transportation.
• Pre-Death Medical Care Debt: Medical bills can pile up quickly due to emergency ambulance transfers or surgeries, and can lead to significant debts incurred by the deceased. Though family members are not responsible for payments incurred by the deceased’s illness or injuries, the costs may consume the deceased’s estate.
• Loss of Future Household Income: The death of an individual destroys the financial future of the family. Courts calculate the expected income of a deceased individual so that families can receive compensation for the lost earnings.
• Conscious Pre-Death Pain and Suffering: According to North Carolina law, someone can receive compensation for the intense and unbearable pain endured by the person before dying.
• Statutory Value of Caregiving Services: Laws in the state outline exact methods for calculating the value of lost caregiving services. For instance, if the injury victim provided services to the elderly family member at least 50% of the time, the law computes the value of the service using prevailing average weekly wage rates at the time of the injury. 
• Loss of Companionship, Society, and Guidance: This type of damage is often the most significant feature of a settlement. Non-economic damages can compensate relatives for the loss of the support, guidance, love, and companionship of the deceased person over the years.
• Vehicle and Personal Property Damage: This type of damage is intended to compensate individuals for the cost of the vehicle, damaged personal belongings, and other items in the vehicle that were destroyed or irreparably damaged after the accident.

Will There Be Punitive Damages in My Wrongful Death Lawsuit?

Punitive damages are meant to punish the guilty party for their wrongdoings that caused the collision and death. The victim’s death must have been caused by the willful acts or malicious conduct of the defendant.

The majority of car crashes are not done on purpose, which is why they are called accidents. This is why most wrongful death lawsuits do not include punitive damages.

There are only specific circumstances where punitive damages would be considered appropriate.

Contact a North Carolina Wrongful Death Car Accident Law Firm Today

The death of a cherished person in a North Carolina car accident alters one’s life forever. While the lawsuit may not compensate for the loss suffered, the desire to hold the party responsible that caused the accident will bring the peace of mind and the financial stability one needs to overcome the tragedy.

Reach out to Tatum & Atkinson at (800) LAW-0804 and take advantage of the experience of our attorneys through a free phone consultation.