Car Accident Wrongful Death
If you have lost a loved one in a car accident caused by a negligent driver, you may have a right to file a wrongful death lawsuit. Successful wrongful death plaintiffs will recover monetary damages from the person or company that caused their loved one’s death. At Arnold & Smith, PLLC we understand how difficult it can be to cope after the death of a loved one. The last thing on many people’s minds is filing a lawsuit. The weight of grief combined with the stress of planning a funeral and making multiple end-of-life decisions is extremely draining. Nonetheless, it is wise to speak to a skilled wrongful death car accident attorney to discuss possible legal remedies.
At Arnold & Smith, PLLC we are here to help families recover compensation for the loss of their loved ones. Car accidents are one of the leading causes of death in North Carolina. Unfortunately, distracted, negligent, or risky drivers frequently cause car accidents. Our attorneys help hold negligent or reckless drivers responsible for taking the life of another human being. If you would like to discuss how we can help you file a wrongful death lawsuit, contact our law firm to schedule your free initial consultation today.Who is Liable in a Wrongful Death Lawsuit?
Determining who might be at fault for the wrongful death of a loved one is the first step. Common defendants in wrongful death lawsuits may involve some of the following types of people:
- Doctors, nurses, hospitals, and other medical professionals or organizations
- Negligent or reckless drivers that cause car accidents
- Property owners or businesses that fail to inspect for and remedy dangerous conditions
- Product manufacturers who design defective products or negligently manufacture products
- Nursing homes who do not use reasonable care to take care of residents and make them safe
- Employers who failed to create a safe working environment
- Pharmaceutical companies who created unsafe medications or failed to warn of side effects.
North Carolina law defines wrongful death as a death caused by a wrongful act. Had the victim lived, he or she must have had a personal injury claim against the person responsible for his or her death. In other words, anytime another person’s negligence, recklessness, or intentional action causes the death of another person, the deceased’s family has a right to bring a wrongful death lawsuit.Who Has a Right to Bring a Wrongful Death Lawsuit?
Under North Carolina law, only a legal representative or attorney of the deceased person may bring a wrongful death lawsuit. However, certain family members can recover damages as a result of the wrongful death lawsuit. The personal representative brings the wrongful death lawsuit on behalf of the surviving family members of the deceased.
The plaintiff must prove that another person or company caused a car accident that resulted in the loved one’s death. Our attorneys will conduct a thorough investigation into the car accident that caused the deceased’s death. Through our investigation we may uncover evidence that proves that the defendant engaged in negligent or reckless behavior that caused the car accident.Damages Available in Wrongful Death Car Accident Lawsuits
Successful wrongful death plaintiffs can recover several different types of damages after a wrongful death lawsuit. The following types of damages are recoverable in North Carolina:
- Medical expenses incurred by the deceased before he or she died
- Funeral expenses
- Compensation for lost wages and benefits that your loved one would have provided
- Punitive damages when the defendant acted willfully, wantonly, or maliciously
- Loss of services, protection, care, assistance, guidance, comfort, society, and companionship
- The pain and suffering of the deceased individual prior to his or her death
No amount of money can make up for the loss you have suffered as a result of your family’s loss. A wrongful death lawsuit can, however, help your family financially recover from your loved one’s death. At Arnold & Smith, PLLC we can help you determine whether or not filing a wrongful death lawsuit is a wise decision for you and your family.
Our compassionate attorneys understand how difficult it is to discuss your loved one’s death. We are understanding and provide individualized attention to meet our clients where they are in the process. Contact our personal injury law firm today to discuss how we may be able to help your family recover compensation for your loved one’s death.