Accidents involving large trucks can be serious and often deadly. According to the National Safety Council, 5,005 people died in accidents involving large trucks in 2019, a 36 percent increase since 2010. The overwhelming majority of those deaths were occupants of other vehicles (71 percent), as opposed to truck occupants (18 percent) or non-occupants, such as pedestrians and bicyclists (11 percent).
Losing a loved one is always tragic, regardless of the cause. No amount of money can possibly replace their presence in your life, and it might feel unseemly to even consider pursuing compensation. But if your loved one was killed in a truck accident caused by another party’s negligence, you may find some solace in holding the guilty party responsible.
An experienced truck accident attorney, like those from DeMayo Law Offices, Your North Carolina Law Firm™, will understand the devastating circumstances you find yourself in and will be able to advise you about your options for pursuing a wrongful death lawsuit.
The wrongful death lawyers of DeMayo Law Offices have helped thousands of clients navigate these difficult decisions. We understand the pain, anger, confusion, and stress you may be experiencing. Pursuing a wrongful death lawsuit is often upsetting and overwhelming when you’re grieving. That’s why you should call DeMayo Law Offices for a free consultation today.
While we can’t bring your loved one back, we might be able to help you recover from the costs associated with their loss, including funeral expenses. We are ready and prepared to listen and advocate for the guilty party to take responsibility for your family’s tragedy. Contact our office at (877) 333-1000 today.
What Is a Wrongful Death Lawsuit?
According to North Carolina law, a wrongful death is caused by an unlawful act, neglect, or default of another person or entity, such as a company. If your loved one was killed in an accident for which they could have filed a personal injury lawsuit if they lived, you may file a wrongful death lawsuit.
In North and South Carolina, only the personal representative of the decedent can file the wrongful death claim in court. Often this is the executor of the decedent’s estate, their spouse, parents, or surviving children. The court will appoint a representative if the deceased does not have a will. A wrongful death claim must be filed no later than two years of your loved one’s death.
What Can a Wrongful Death Lawsuit Cover?
As with personal injury lawsuits, wrongful death lawsuits pursue damages, or compensation, from the guilty party. Damages can be economic, non-economic, and punitive:
- Economic damages: These damages have a specific dollar value. Examples include medical expenses for hospital care and funeral costs. Economic damages can also cover the loss of the decedent’s monetary value to their family or other dependents, such as loss of income and benefits.
- Non-economic damages: These damages can be harder to quantify but are nonetheless real and meaningful. Examples include pain and suffering of the decedent and loss of companionship of the decedent to their loved ones.
- Punitive damages: These damages are meant to punish the responsible party for their wrongful act, but only if they are found to have acted with malice, committed fraud, or engaged in willful or wanton conduct.
Average Funeral and Burial Expenses
According to the National Funeral Directors Association, the median cost of a funeral with viewing and burial in 2021 was $7,848. This figure does not include the cost of a burial plot, grave marker, monument, or vault. This figure can range significantly according to location, services, and materials. Here are the average costs for various funeral and burial costs in 2021:
- Basic Fees– The average basic fees charged by funeral directors were $2,300.
- Transfer– Transfer costs, including transfer of the decedent to the funeral home and use of a hearse and/or service van, averaged $850.
- Preparation– Preparation of the body, including embalming, costs an average of $1,050.
- Casket Type– Casket costs range from $2,500 for a metal burial casket to $3,000 for a wood burial casket. Green caskets are biodegradable and far less expensive, ranging from $100 to $700.
- Burial versus Cremation– Costs of a funeral with cremation average slightly less than a funeral with burial ($6,970 compared with $7,858).
- Viewing and Ceremony Services– The use of staff and facilities for the viewing and ceremony averaged $965.
- Burial Plot– The average price of a single burial plot can range from $200 to $5,000 depending on factors such as location and cemetery amenities.
- Grave Marker– Costs of grave markers vary widely, from $400 to $5,000, depending on material and size. For example, a flat granite marker ranges from $300 to $800, whereas an upright monument can cost up to $3,000. The cemetery may also charge an installation fee.
- Interment Fees– The cemetery charges these fees for opening and closing the grave, re-sodding over the grave, and legal paperwork. Public cemeteries charge fees ranging from $350 to $1,000, whereas private cemeteries range from $600 to $3,000.
Why Hire an Attorney from DeMayo Law Offices?
A wrongful death lawsuit after a truck accident can be a complicated legal process, especially when you are still grieving the loss of your loved one. It can be difficult to determine which party is at fault and to withstand the pressure tactics of the trucking industry lawyers. That’s why you need an experienced truck accident lawyer like those at DeMayo Law Offices.
Our wrongful death attorneys will fight for accountability from the guilty party and advocate for your family’s financial security after losing a loved one due to another’s negligence. The truck accident attorneys of DeMayo Law Offices, Your North Carolina Law Firm™, have been helping North and South Carolina families for almost three decades to pursue the compensation they need and deserve after a wrongful death.
Call our office at (877) 333-1000 for a free and confidential consultation.
