Carolina Accident Lawyers

Factors Affecting When Your Case Will Go to Trial

Factors Affecting When Your Case Will Go to Trial

Charlotte NC Wrongful Death Lawyer

Your Charlotte wrongful death attorney is well aware that losing a loved one is a terrible experience. Coping with an insurance company that refuses to settle without taking the case to trial only makes matters worse. When this occurs, clients are naturally concerned about how long it will take before their case is heard. Unfortunately, this is very difficult to predict.

The Wait

Once it has been agreed that you and your Charlotte wrongful death attorney will seek a trial, you will need to exercise patience, to the degree it is possible after losing a loved one. The wait may be a long one, unfortunately; even if it isn’t, time may seem to drag by with no apparent progress in your case if you are not able to mentally adjust to waiting.

The wait may be relatively short or long, depending upon:

  • The availability of judges to hear cases in your jurisdiction
  • How many cases are waiting to be scheduled for hearing
  • The calendars of attorneys for both you and the defendant
  • Whether criminal trials are given priority in your jurisdiction
  • Matters of discovery
  • Other issues

When at last your case is scheduled, don’t be surprised if further delays occur. Such situations often arise, particularly at certain times of the year or in more populated jurisdictions.

Contact the Wrongful Death Law Firm of Bice Law

If you believe your loved one has been the victim of a wrongful death, take the first step to protect your legal rights – contact the personal injury firm of Bice Law.  We serve families across both North and South Carolina. You only have a limited time after your injury to file a claim, however, so you must act quickly.  Contact the personal injury firm of Bice Law today by calling (855) 5-BICE-LAW or submit an online request to get a free consultation with a wrongful death attorney.  Results are how we measure success – we’ve built a strong reputation both in and out of the courtroom, and we’ll put our experience and expertise to work on your behalf.

 

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How Gender Factors into Cases of Wrongful Death

Charlotte NC Wrongful Death Lawyer

When beginning their evaluation of your wrongful death claim, the insurer and your Charlotte wrongful death attorney will first consider your special damages, which are usually comprised of economic costs. Next, they will consider general damages, especially your pain and suffering.

Laws Governing Wrongful Death

Each state has its own set of laws that dictate who may make wrongful death claims on behalf of another and to what extent they may be compensated. Some states are more liberal than others in their provisions for wrongful death claims; others are harsher and may require that claims involve a loss of financial support.

The surviving loved ones of the deceased commonly accuse of the defense of wrongful acts that led to the death. In wrongful death cases, it is not necessarily the early death that the defendant caused, but the damage (both financial and emotional) that the death has done to the decedent’s family and dependents. The components of death claims include the losses of earning potential, financial support, and consortium. These aspects can lead to structured settlements, where the sum is put aside and distributed on a timeline to ensure for the proper care of offspring and survivors. The sum can include college tuition or living allowances. There are some unusual examples where defendants agree to assist in a new livelihood, such as starting a new business or buying their own home.

Gender in Wrongful Death

When calculating future earning potential, the gender of the injured is combined with his or her work experience, education history, technical training, and career path. This is especially true when the male victim is the sole caretaker and wage earner of a family and thus responsible for the future education and wellbeing of his offspring. Due to this, there is a trend where the deaths of male family members are considered more detrimental. However, this is not an absolute, and each case differs. The grievous cost of losing any family member makes it difficult to put a monetary value on the lost love and comfort in the death of a loved one.

Contact the Wrongful Death Law Firm of Bice Law

If you believe your loved one has been the victim of a wrongful death, take the first step to protect your legal rights – contact the personal injury firm of Bice Law.  We serve families across both North and South Carolina. You only have a limited time after your injury to file a claim, however, so you must act quickly.  Contact the personal injury firm of Bice Law today by calling (855) 5-BICE-LAW or submit an online request to get a free consultation with a wrongful death attorney.  Results are how we measure success – we’ve built a strong reputation both in and out of the courtroom, and we’ll put our experience and expertise to work on your behalf.

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Depositions in Your Wrongful Death Case

Charlotte NC Wrongful Death Lawyer

Depositions are used for many purposes. The taking of depositions is a part of the discovery process in a wrongful death case. Not only can you expect to be deposed, but witnesses, and of course, the defendant will likely be called to submit to depositions as well. Your Charlotte wrongful death attorney will depose the defendant.

 Common Purposes of Depositions

The gathering of evidence is the primary use of a deposition. Defense attorneys will want to depose you in order to glean as much information about your wrongful death claim as possible. Other uses of depositions are:

  • Locking in Testimony – The answers you give during deposition become a part of the court record. As such, any diversion from these answers later at trial will be used to impeach your testimony. Of course, your Charlotte wrongful death attorney will similarly use the statements of the defendant.
  • Obtaining Admissions – Depositions may also be used to garner information that tends to weaken the other side’s case. In this way, the facts to which a witness testifies can be used as admissions.
  • Support of Motions – The testimony of a witness can, in some cases, be used in place of an affidavit to support a motion. It can even be regarded as superior. This is because of the fact that witness testimony can be submitted to scrutiny during cross-examination, while the facts of an affidavit cannot.
  • Authentication of Documents – Often one of the more difficult challenges for a Charlotte wrongful death attorney is getting certain documents into evidence. At times the testimony of a witness to the authenticity of a document can serve this purpose.

Contact the Wrongful Death Law Firm of Bice Law

If you believe your loved one has been the victim of a wrongful death, take the first step to protect your legal rights – contact the personal injury firm of Bice Law.  We serve families across both North and South Carolina. You only have a limited time after your injury to file a claim, however, so you must act quickly.  Contact the personal injury firm of Bice Law today by calling (855) 5-BICE-LAW or submit an online request to get a free consultation with a wrongful death attorney.  Results are how we measure success – we’ve built a strong reputation both in and out of the courtroom, and we’ll put our experience and expertise to work on your behalf.

 

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A DUI Results in Wrongful Death

Charlotte NC Wrongful Death Lawyer

A man and his wife, who was six months pregnant, were driving in their SUV when they were suddenly crashed into by a Volvo going nearly 100 mph. The driver of the Volvo had just left a bar with the blood alcohol level of .23, nearly three times the legal limit.

Both the man and his wife were critically injured and lost their un-born baby, both of them spending months in the hospital.

The drunk driver was pronounced dead at the scene of the collision.

The state of North Carolina has laws that prohibit any establishment to serve intoxicated customers. These servers and bartenders never had to be trained to learn the signs of intoxicated individuals and how to deal with them.

Businesses are now stating they are going to start training their employees on how to recognize how to notice when customers have had too much to drink.

Contact the Wrongful Death Law Firm of Bice Law

If you believe your loved one has been the victim of a wrongful death, take the first step to protect your legal rights – contact the personal injury firm of Bice Law.  We serve families across both North and South Carolina. You only have a limited time after your injury to file a claim, however, so you must act quickly.  Contact the personal injury firm of Bice Law today by calling (855) 5-BICE-LAW or submit an online request to get a free consultation with a wrongful death attorney.  Results are how we measure success – we’ve built a strong reputation both in and out of the courtroom, and we’ll put our experience and expertise to work on your behalf.

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Evaluation of Wrongful Death Cases

Charlotte NC Wrongful Death Lawyer

As wrongful death statues have different standards across the nation, you are advised to consult with a Charlotte wrongful death lawyer to find out exactly how much compensation you may be entitled to.

Wrongful death claims by beneficiaries of the deceased

Insurers usually begin evaluating the settlement of death claims with special damages (economic losses). They will then consider the general damages (pain and suffering) allowed under the proper wrongful death statute. All states have wrongful death statutes that govern who is allowed to make a claim for the wrongful death of another person and what damages they can recover. Some states are significantly more limiting on what claims may be paid compared to other states. These claims typically involve the loss of support and/or loss of consortium. A Charlotte wrongful death lawyer will provide clarification on the wrongful death statue of your state.

A decedent’s survivors or beneficiaries often claim that the decedent died as a result of the defendant’s wrongful acts. The wrongful death claim is actually not for the early death of the decedent, but the harm done to the heirs or beneficiaries. Negotiations held between insurers and your Charlotte wrongful death lawyer will frequently involve lost earnings and loss of support and consortium. In some cases, carriers agree to structured settlements (periodic payments) to cover a dependent child’s education or to provide regular income throughout the survivor’s lifetime. The carriers will also occasionally agree to other creative solutions, such as assisting a surviving spouse start a business or buy a home.

Sex of the deceased

In many cases, the gender of the insured still serves as an index to future earnings, especially when used in connection with the individual’s education, training, and job or profession. As the male parent often provides for the children’s education, support, and comfort, a higher value may be placed following the death of a male parent than a female parent. But this requires careful evaluation of the present environment. A death of either parent means the loss of invaluable companionship, love, and guidance for the children, but it is very difficult to determine its value in monetary terms for the purposes of a wrongful death claim.

Contact the Wrongful Death Law Firm of Bice Law

If you believe your loved one has been the victim of a wrongful death, take the first step to protect your legal rights – contact the personal injury firm of Bice Law.  We serve families across both North and South Carolina. You only have a limited time after your injury to file a claim, however, so you must act quickly.  Contact the personal injury firm of Bice Law today by calling (855) 5-BICE-LAW or submit an online request to get a free consultation with a wrongful death attorney.  Results are how we measure success – we’ve built a strong reputation both in and out of the courtroom, and we’ll put our experience and expertise to work on your behalf.

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Wrongful Death in North Carolina

Charlotte NC Wrongful Death Lawyer

Whenever an individual dies due to the wrongful, deliberate or negligent act of someone else, the laws of the state of North Carolina permit the executor or administrator of that individual’s estate to file an action for wrongful death.  Most Charlotte wrongful death attorneys will tell you that the types of damages that are recoverable in a wrongful death claim can include amounts that will cover the deceased individual’s pain and suffering prior to death, his or her funeral expenses, and, if death was not immediate, those expenses related to the care and treatment of the deceased individual prior to his or her death.

Your Rights Under the Statute

Under North Carolina’s wrongful death statute, the monies recovered from a wrongful death claim will not be counted as assets of the deceased individual’s estate and, accordingly, they will not be applied to the decedent’s debts (except in the case of funeral expenses and a limited amount of medical costs).  The remainder of the funds, after legal costs have been paid to your Charlotte wrongful death attorney, will be distributed to those individuals (heirs) who are entitled to share in the award.

Statute of Limitations

Even though the state of North Carolina has a three-year statute of limitations for most personal injury actions, the amount of time permitted for filing a wrongful death action is only two years. That said, it is crucial that action be taken as soon as possible in order to preserve and prosecute such claims without delay.

Contact the Wrongful Death Law Firm of Bice Law

If you believe your loved one has been the victim of a wrongful death, take the first step to protect your legal rights – contact the personal injury firm of Bice Law.  We serve families across both North and South Carolina. You only have a limited time after your injury to file a claim, however, so you must act quickly.  Contact the personal injury firm of Bice Law today by calling (855) 5-BICE-LAW or submit an online request to get a free consultation with a wrongful death attorney.  Results are how we measure success – we’ve built a strong reputation both in and out of the courtroom, and we’ll put our experience and expertise to work on your behalf.

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Families of School Shooting Victims Win Wrongful Death Suit

Charlotte NC Wrongful Death Lawyer

Students at Virginia Tech will never be the same after the violent shooting that killed 30 people back in 2007. The university was sued by parents of the murdered students on a wrongful death claim. Had students been alerted immediately after the first shooting, lives could have been saved. There was a campus wide alert nearly 2 hours after the shooting began.

The President of the university states that he had not put out a warning in order to keep the panic to a minimum and notify the families of the first victims.

The school was found to have been negligent and each of the families has received a large settlement.

Since this incident, the school has updated their alert systems. Classrooms are now equipped with electronic bulletin boards that can flash emergency messages, as well as alerts that can be sent to staff and students computers and phones.

Contact the Wrongful Death Law Firm of Bice Law

If you believe your loved one has been the victim of a wrongful death, take the first step to protect your legal rights – contact the personal injury firm of Bice Law.  We serve families across both North Carolina and South Carolina. You only have a limited time after your injury to file a claim, however, so you must act quickly.  Contact the personal injury firm of Bice Law today by calling (855) 5-BICE-LAW or submit an online request to get a free consultation with a wrongful death attorney.  Results are how we measure success – we’ve built a strong reputation both in and out of the courtroom, and we’ll put our experience and expertise to work on your behalf.

Posted on behalf of Bice Law on March 26th, 2012.

Source: http://www.usatoday.com/news/nation/story/2012-03-13/virginia-tech-shooting-trial/53508406/1

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Wrongful Death

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Charlotte NC Wrongful Death Lawyer

A seventeen year old boy, died in a supermarket after a police officer shot him in the chest with a Taser Model X26 electronic control device in 2008. The parents of the boy filed a lawsuit against Taser International for failing to warn law enforcement officials that shooting their stun guns into a person’s chest could cause a heart attack.

The police officer shot the boy in response to reports that he had been yelling and throwing things at the store manager. The officer used the Taser to subdue the boy for thirty-seven seconds. After receiving the shock, he stopped moving. The officer stunned the boy again for five more seconds after he failed to put his hands behind his back. The boy was neither on drugs at the time nor did he have any signs of heart disease prior to the incident.

Taser International insists that their Taser guns are safe, non-lethal devices and that studies have proven that there is no danger of cardiac arrest if the device strikes an individual in the chest. In October 2009, despite these claims, the company recommended that officers not aim directly for the chest.

In addition, a 2008 report by Amnesty International found 334 deaths linked to the use of Taser guns between 2001 and August 2008.

Contact the Wrongful Death Law Firm of Bice Law

If you believe your loved one has been the victim of Is a wrongful death, take the first step to protect your legal rights – contact the personal injury firm of Bice Law.  We serve families across both North and South Carolina. You only have a limited time after your injury to file a claim, however, so you must act quickly.  Contact the personal injury firm of Bice Law today by calling (855) 5-BICE-LAW or submit an online request to get a free consultation with a wrongful death attorney.  Results are how we measure success – we’ve built a strong reputation both in and out of the courtroom, and we’ll put our experience and expertise to work on your behalf.

Posted by Bice Law LLC. March 15, 2012

Source:http://www.homelandsecuritynewswire.com/taser-death-leads-10-million-payout

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