What is a Wrongful Death Case?

What is a Wrongful Death Case?

Charlotte, NC Wrongful Death Lawyer

Anytime a loved one passes, the remaining family members can be expected to experience a wide range of emotions. This is especially true when a loved one passes because of the acts or carelessness of another person. When this happens, surviving family members face a myriad of stresses: the pain and grief associated with losing a loved one, the panic and anxiety about how to pay for the deceased’s final medical treatments and funeral expenses, and the uncertainty of living without the deceased’s income all prey on the minds of the surviving family members.

If your loved one is killed because of someone else’s negligence, it is important to know that the law allows you and other surviving family members to bring a lawsuit against the person or entity responsible for the death.

Basics of a Wrongful Death Suit

In a wrongful death suit, a personal representative of the deceased brings a lawsuit on behalf of the deceased against the individual or entity responsible for causing the death. The personal representative can be the person’s executor or executrix (if the person had a will and designated such a person) or a surviving adult family member.

The lawsuit must be filed within two years of the date of the person’s death in North Carolina (three years in South Carolina); after this time, the courts will generally refuse to hear the case due to the expiration of the statute of limitations.

To succeed in a wrongful death lawsuit, the plaintiff (the representative of the deceased) must show by a preponderance of the evidence that the deceased’s death was caused by the negligence or intentional act of another.

What Can I Recover from a Wrongful Death Suit?

If a wrongful death lawsuit is successful, the personal representative can recover expenses such as:

  • Expenses for any medical care or hospitalization the deceased incurred as a result of the injury that ended in death;
  • Reasonable funeral expenses;
  • Damages to compensate for the reasonable earning potential of the deceased;
  • Damages to compensate for the loss of comfort and companionship of the deceased; and
  • Any punitive damages the decedent could have recovered.

Do I Need a North Carolina or South Carolina Wrongful Death Attorney?

While you do not need the assistance of an attorney to file a wrongful death suit, choosing to have an experienced North Carolina or South Carolina wrongful death attorney on your side can make a huge difference. Not only are such attorneys familiar with what needs to be shown in order to recover compensation and what sort of evidence meets this burden, but they can also help you navigate the challenges of this difficult time.

At Bice Law, LLC, we know and understand the difficulties presented by a loved one’s unexpected passing. We stand ready to help you get the compensation you and your family deserves and hold those responsible for your loved one’s death accountable. Contact us at (855) 5-BICE-LAW today for a free consultation.

Contact the Personal Injury Law Firm of Bice Law

The personal injury firm of Bice Law will examine your case to determine the type and amount of damages that your injury warrants, including payments for medical expenses, lost income, pain and suffering, and any permanent disability.  We’ll determine whether an out-of-court settlement or trial is the best strategy to obtain maximum benefits for you or your family. If you have suffered injury or harm because of someone else’s actions, take the first step to protect your legal rights – contact the personal injury firm of Bice Law serving both North and South Carolina. You only have a limited time after your injury to file a claim, so act quickly.  Call (855) 5-BICE-LAW today or submit an online request  to get a free consultation with a  personal injury attorney. We serve families across both North Carolina and South Carolina.

 

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