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Wrongful Death
Wrongful Death
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“Forest, once again, my family and I thank you for obtaining another settlement on behalf of my Father. It’s almost uncanny that these checks seem to come at very opportune times. This one comes as we are expecting our fourth grandchild. It will provide her some sound footing towards her future college education, plus help Mom and Dad with the medical expenses. Sometimes, I think my Dad is helping you guys with this. Maybe so. Anyway, thank you again for your hard work.”

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Raleigh Wrongful Death Lawyer for Cases Throughout North Carolina

Dealing with the death of a family member is always hard. But when the death was the result of another person’s negligent behavior, it can leave grieving loved ones uncertain about the future and unsure about what to do. If you are dealing with the emotional pain of losing someone close to you, finding a Raleigh wrongful death lawyer to help you pursue a claim against the at-fault party may be the furthest thing from your mind. However, as we explain below, engaging counsel as soon as possible to file a wrongful death claim will preserve your rights. 

When a Raleigh Wrongful Death Lawyer Can Help

Wrongful death cases arise when a person dies as a result of another’s negligent, reckless, or willful behavior. At Martin & Jones, our attorneys seek justice for clients in wrongful death cases stemming from: 

  • Medical malpractice
  • Asbestos exposure
  • Car accidents
  • Truck accidents
  • Motorcycle accidents
  • Pedestrian and bicycle accidents
  • Construction site accidents
  • Pharmacy mistakes
  • Defective medical and consumer products
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Am I Eligible to Collect Damages in a Wrongful Death Lawsuit? 

Whether and to what extent you will be able to collect damages for wrongful death depends on your relationship to the deceased and the other relatives who are also survivors. Under North Carolina law, wrongful death actions are civil cases filed by the personal representative of the decedent’s estate. This will be the designated executor if the victim had a will or the court-appointed administrator if he did not. 

If the plaintiff prevails, monetary damages do not become part of the estate but are distributed among the surviving family members in the manner set forth in North Carolina General Statutes which govern who inherits what property after a person dies. Your Raleigh wrongful death lawyer will be able to explain the details. 

What is Needed to Prevail in a North Carolina Wrongful Death Lawsuit?

To recover in a wrongful death lawsuit, the plaintiff must bring suit in a timely manner, show that the defendant was wholly responsible for the fatal accident, and demonstrate the losses for which he or she is seeking compensation.

Timely Filing

The plaintiff must file suit within the time period provided by the state’s statute of limitations, generally within two years of the victim’s death. There are exceptions to this general rule, however, and it can be extremely important that a Raleigh wrongful death lawyer be consulted.  Failure to meet this filing deadline will bar the victim’s representative from bringing suit. 

Your Raleigh Wrongful Death Lawyer Demonstrates the Defendant Was At Fault

In a wrongful death case, the plaintiff must show:

  • That the defendant behaved in a negligent manner,
  • That the defendant’s negligent behavior was directly responsible for the victim’s injuries and death, and
  • That the defendants actions were the proximate cause of the damages, that the outcomes of injury and death were foreseeable

What Damages Are Available to the Victim’s Family?

While money can never replace a lost family member, the damages that family members may be awarded in a wrongful death case are designed to help with costs as well as the losses involved. Working with a Raleigh wrongful death lawyer, compensation may be awarded to help with:

  • Any medical expenses that the victim incurred prior to death
  • Funeral and burial expenses 
  • Pain and suffering caused by the defendant’s actions
  • The loss of the decedent’s income
  • The loss of the decedent’s companionship, protection, care and guidance

If the defendant’s conduct was malicious, willful, or wanton, the survivors may also be entitled to additional amounts in the form of punitive damages, which are designed to punish the wrongdoer. 

Contact a Raleigh Wrongful Death Lawyer Today

If you wish to pursue a wrongful death case, the experienced lawyers at Martin & Jones are ready to help. Please contact us for a free, no-obligation consultation with a top Raleigh wrongful death accident law firm. We can be reached online or by phone at 1-800-662-1234. We serve clients throughout North Carolina. 

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The law firm you choose makes a difference. If you are the victim of an accident or an illness that someone else caused, the North Carolina personal injury law firm of Martin & Jones has the depth of experience, skills and sensitivity to make your road to recovery as smooth as possible. Whether you have experience with the legal system or have never hired a medical malpractice or personal injury lawyer before, our attorneys and staff will do our best to answer your questions, provide clear advice and prepare you and your family for what to expect. If you would like more information or to meet with one of our attorneys, please fill out the form below or call us at 800.662.1234.