Losing a loved one is difficult, but it is made worse if someone’s recklessness or negligence caused the death. Such a loss can be devastating to survivors emotionally and, often, financially as well.
“Wrongful death” refers to a death caused by someone else’s criminal or negligent action or inaction. Survivors can file a wrongful death lawsuit against a reckless or negligent party to seek compensation for their loss. Such claims are pursued by the deceased’s family member or on behalf of the deceased’s estate.
If your family has lost a loved one because another person acted improperly, you may have a right to compensation for your losses. Contact the North Carolina wrongful death lawyers at Bingham Law today to discuss your case. You’ll get a response within 24 hours, and your initial consultation is always free.
Wrongful Death Claims in North Carolina
North Carolina General Statute 28A 18 2 says that 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 by the deceased person if that person had lived.
To prevail in a wrongful death lawsuit, a deceased’s survivors or the estate must show that a wrongful act, neglect or default on the part of the defendants caused the death.
Compensation may be paid in a wrongful death lawsuit for:
- Medical expenses
- Funeral expenses
- Pain and suffering of the decedent
- Monetary value of the loss of the deceased in terms of income, companionship, and care and services that survivors would have gained
- Punitive damages
- Additional damages as the jury sees fit.
The law does not address specific grounds for a wrongful death lawsuit in North Carolina. Incidents that may lead to a wrongful death lawsuit include, but are not limited to:
- Car accidents, including those caused by drunk drivers, drugged drivers, distracted drivers, etc.
- Motorcycle or scooter / moped accidents, including those caused by drunk drivers, drugged drivers, distracted drivers, etc.
- Truck accidents, including incidents caused by violations of Federal Motor Carrier Safety Administration (FMCSA) regulations by a truck driver or carrier company
- Boating accidents, including personal watercraft / Jet Ski, water skiing, and tubing accidents
- Workplace injuries, such as construction site accidents
Wrongful death cases require thorough investigations that must start promptly so that records can be obtained, medical experts can be consulted and witnesses can be interviewed before their memories fade. Wrongful death lawsuits in North Carolina must be filed within two years of the decedent’s date of death.
When someone dies unexpectedly, it is crucial that surviving family members contact an experienced North Carolina wrongful death lawyer, like those at Bingham Law, as soon as possible. People who lose a loved one on whom they depended financially and emotionally deserve to be compensated for their losses, but aggressive legal help is usually required to realize that goal.
Contact Our North Carolina Wrongful Death Lawyers Today
If a loved one has died unexpectedly at the hands of another person in North Carolina, call the experienced wrongful death attorneys at Bingham Law toll free today at 910-, or fill out our online contact form. We represent families who have lost loved ones in wrongful deaths in New Hanover and Brunswick; and across North Carolina.
How Can We Help?
Would you like more information on our legal services or to set up a consultation? Give us a call or send us a message and we will be in touch soon.
Phone: (910) 742-0787
Fax: (910) 343-4227
PO BOX 841
WILMINGTON, NC 28402
3904 BUSINESS 17 E
BOLIVIA, NC 28422
313 WALNUT ST
WILMINGTON, NC 28401
(staffed during office hours)
401 CHESTNUT ST, STE F
WILMINGTON, NC 28401
(by appointment only)