Charlotte Office 704-815-6055
Asheville Office 828-252-2852
Asheville Wrongful Death Lawyer
Asheville Wrongful Death Attorney
When you are in pain after an accident or when a loved one has died in a fatal accident, you need an advocate, someone who will speak for you and your family. The insurance company will want to talk to you, but their goal is to limit how much money they pay out in claims. Our goal, at the Bridgman Gantt Law Offices in Asheville, North Carolina, is to obtain the compensation you need and deserve. Our skilled Asheville wrongful death lawyers are ready to support you through this difficult process.
Losing a loved one is already an overwhelming tragedy. Losing a loved one because of someone else’s poor judgment or inaction is not just tragic; it is infuriating. You may feel the need to pursue some sense of justice, which is a reasonable reaction. We can help you pursue that justice while you focus on healing from your grief and supporting your family through this terrible time.
We have handled personal injury claims for people in North Carolina for over 30 years.
The decision to file a wrongful death claim is made by family members at different stages of the grieving process. We understand the anger, sadness, and denial you feel can vary day-to-day and even minute-to-minute.
Although a human life can never be replaced, recovery under North Carolina’s Wrongful Death Act can provide financial security, preserve the family home, and ensure the college education of the survivors. Claimants may recover medical bills, funeral expenses, lost wages, and future earnings, and pain and suffering for the victim.
How to Prove a Wrongful Death Case
It is not enough simply to pursue legal action against the negligent party. You have to be able to prove that their negligence was the direct cause of your loved one’s untimely death. You and your lawyer will have to prove four essential elements in order to move forward with your case:
- A Duty of Care: You must first establish that the negligent party owed the deceased party an agreed-upon duty of care. This is a legal duty that someone has in which they agree to refrain from actions that could be expected to cause someone else harm, such as drunk driving.
- A Breach: Since you have established an owed duty of care, you must now prove that the negligent party in question willfully breached that duty of care by engaging in questionable actions that put the deceased in danger.
- Causation: Now, you must prove that the negligent party’s actions were the direct cause of the death of your loved one.
- Compensation: Finally, you must prove that your loved one’s death has caused you financial suffering, and you are owed damages from the negligent party.
Failing to show even one of these elements can result in you losing the case. This is where retaining an experienced wrongful death attorney will matter, as they will have a plethora of experience building a wrongful death case around these requirements.
Who Can File a Wrongful Death Suit in North Carolina?
Regrettably, not just anybody can file a wrongful death suit in North Carolina. Under state law, only the decedent’s personal representative can file a wrongful death suit. This personal representative would be appointed by the court to manage the deceased’s estate and is typically either named in the deceased’s will or appointed by the court in the event that there is no will. This personal representative has every legal right to take action on behalf of the deceased’s surviving family.
Damages That Can Be Pursued
If you are successful in proving a wrongful death claim and are awarded damages, you can be compensated for several different kinds of loss:
- Medical Bills: You can be reimbursed for any of the deceased’s medical bills that accrued prior to their passing, including hospital stays, surgery costs, medication costs, physical therapy costs, and ambulance rides. Anything medical that happened as a result of their injury up until their death could potentially be awarded in damages.
- Pain and Suffering: You will likely be awarded a certain amount in pain and suffering, as you have no doubt endured your fair share of both since your loved one’s passing. Pain and suffering damages are difficult to calculate in a dollar figure and are decided upon using several different methods.
- Funeral Expenses: Burying a loved one is emotionally taxing, but it can also be financially draining. In the event the court decides in your favor, you may be awarded a certain amount in damages to cover funeral and burial expenses.
- Loss of Services: When we lose a loved one, we don’t just lose them. We lose their protection, their presence, their care, and their assistance. It is possible to be awarded compensation for this kind of loss.
FAQs
Q: Who Gets the Money in a Wrongful Death Lawsuit in North Carolina?
A: If your lawyer successfully wins your wrongful death lawsuit, then the money that is awarded in damages goes to the surviving spouse of the deceased, as well as any of the deceased’s surviving children. If there is no surviving spouse or surviving children, the money goes to the deceased’s surviving grandchildren or the deceased’s surviving parents. Finally, if all other avenues are exhausted, the money would go to the deceased’s surviving siblings.
Q: How Long Do You Have to File a Wrongful Death Lawsuit in North Carolina?
A: In North Carolina, you have two years to file a wrongful death lawsuit. Wrongful death suits are an extension of personal injury lawsuits and are often treated as such. You will have two years from the date of the individual’s death to begin pursuing legal action against the negligent parties and filing a wrongful death claim. If you fail to file within this time frame, it is likely your case will be dismissed before it even begins.
Q: What Is a Survival Action Claim?
A: A survival action claim is separate from a wrongful death claim, but it is also a legal action that can be taken on behalf of the deceased. Through a survival action claim, the personal representative pursues a lawsuit that the deceased would have pursued had they survived the incident that led to their death. Had the individual survived, they would have been a plaintiff in said lawsuit. The personal representative is able to seek additional damages this way.
Q: How Do You Split a Wrongful Death Settlement in North Carolina?
A: In the event that a wrongful death settlement is split among multiple parties, the money awarded in damages is divided among the deceased’s spouse and surviving children. The spouse takes half of the money, and the other half is split amongst the children. It could also be up to the family to decide how to divide the money amongst themselves in a fair and agreed-upon scenario.
Contact Our Asheville, NC Wrongful Death Lawyer Today
Dealing with a wrongful death situation can be stressful, painful, and emotionally draining. It is not a situation you have had time to prepare for. It is often sudden and devastating. Thankfully, you do not have to suffer through the fallout alone. The legal team at Bridgman Gantt Law Offices can help you pursue justice against the liable parties and receive the compensation that you deserve.
A deadly accident takes just a second to happen, but the impact on the surviving family members is forever. Contact us to arrange a free consultation.
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Charlotte Office
2125 Southend Dr. Suite 453
Charlotte, NC 28203
Asheville North Carolina
82 Church Street
Historic Downtown Asheville
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Columbia, SC 29206
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Suite 150F
Greensboro, NC 27408
Charlotte Office 704-815-6055
Asheville Office 828-252-2852
Charlotte Office
Asheville North Carolina
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