North Carolina Wrongful Death Lawyer
If you’ve lost a loved one due to negligence or an intentional act, we understand your struggle and are dedicated to holding the responsible party accountable.
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Compassionate Assistance Filing A Wrongful Death Claim
Most of us know the pain of losing a loved one. Your loss can be devastating. But, there are those of us who have experienced the death of a loved one due to someone else’s negligence or carelessness, where the grief can be magnified by knowing the death could have been prevented and shouldn’t have happened at all. In cases like this, the death occurred just because another person was at fault by being careless or by committing a wrongful act. If a wrongful death has occurred to a person you loved and cared about, you may have a case for a wrongful death suit and deserve compensation. You need a wrongful death lawyer in North Carolina like our attorney Harry H. Albritton, Jr. at Irons & Irons P.A. who is dedicated to getting the justice that is deserved for loved ones.
Wrongful Death in North Carolina
The North Carolina state law defines wrongful death as death that is caused by a wrongful act, neglect, or default of another person or entity. The action would have resulted in a personal injury claim had the victim survived. Wrongful death differs from personal injury in that a representative of the victim’s estate brings the claim instead of the injured party. When the personal representative files a claim, the claim can attempt to secure damages for the surviving family members of the victim as well as the victim’s estate.
Each case is different but, typically, the statute of limitations for filing a wrongful death claim is two years from the exact date on which the victim died. This means that the claim must be settled or the lawsuit must be on file before two years have been reached.
Leading Causes for Wrongful Death Cases in North Carolina
Most actions that could be a personal injury case can be tried as a wrongful death if the injury led to the victim’s death. Some of the leading causes for wrongful death include:
The most common causes in wrongful death claims are vehicle accidents that involve drivers who are impaired, distracted, or aggressive. These cases may include commercial trucks, motorcycles, boats, pedestrians, bicyclists, and cars.
Accidents are common in the workplace. But, when an accident happens in the workplace that results in death and the employer is at fault, there is a case for wrongful death.
The employer can be held liable if a loved one dies due to these circumstances:
- Faulty equipment
- Unsafe work environment leading to illness
- Accidents related to equipment
- Lack of proper training
- Treacherous working conditions
When medical professionals have not provided a reasonable standard of care to a patient, they may be liable for medical malpractice in the event of a wrongful death.
If you have lost a loved one due to a criminal act, such as robbery or sexual assault, you can sue for wrongful death in civil court. It must be shown that the defendant, more likely than not, was responsible for the death. It is possible for a single act to result both in criminal charges and a wrongful death claim concurrently.
Compensation for a Wrongful Death
In North Carolina, you can secure compensation for economic, noneconomic, and punitive damages as the result of a wrongful death.
Economic compensation can be complicated and difficult to calculate. Proving verifiable economic losses is often the function of expert witnesses. Examples of economic compensation include:
- Final medical expenses and costs
- Wages lost
- Loss of benefits and future income
- Reasonable burial and funeral expenses
Noneconomic compensation includes loss that does not have a monetary amount attached to it.
These noneconomic losses can include:
- Mental and emotional anguish
- Suffering and pain
- Loss of the victim’s protection services, assistance, and care
- The loss of society, comfort, companionship, advice, and guidance
If the death was caused by malice or wanton conduct, punitive damages can be awarded. This compensation is not intended to repay the family or the estate. Rather, it is meant to punish the defendant for the conduct that caused the death in an attempt to deter similar behavior in the future.
Why Choose Irons and Irons, P.A. for Your Wrongful Death Case
Choose our firm when you need a wrongful lawyer in North Carolina. We have a proven track record of excellence and success and we are dedicated to getting justice for our clients.
Attorney Harry H. Albritton has a reputation for fighting diligently and successfully, as shown here:
- $225,000 to a client who was pregnant and presented to the hospital with elevated blood pressure and preeclampsia that resulted in death
- $320,000 against a home health employee who failed to treat an elderly paralyzed gentleman’s bed sores
- $375,000 to the estates of a son and father after a fall from approximately 1,500 feet during the painting of a cellular tower
- $425,000 for the estate of an elderly man who failed to receive proper treatment for his neck injury while he was in a hospital’s emergency room
- $895,000 for the wrongful death of a man who had trench walls collapse around him as he was laying pipe
Schedule a Free Case Review with Our North Carolina Wrongful Death Lawyer
If you have lost a loved one from an act of negligence or maliciousness, we understand your plight. We are dedicated to holding the responsible party accountable. Irons & Irons, P.A. accepts wrongful death cases in Charlotte, Raleigh, Greenville, Wilmington, Asheville, Winston-Salem, and throughout North Carolina. Contact our experienced team today by calling 919-899-7200 or completing our free case review for assistance in receiving compensation for your loved one’s wrongful death. You never pay attorneys fees unless we win your case and until you recover compensation.