Working tirelessly in wrongful
death cases
If you are grieving the loss of a loved one who died due to the careless or reckless actions of someone else, the heartbreak can be overwhelming. And while we will be there to sympathize and provide comfort, we can also help you hold the responsible party legally accountable for their actions.
The North Carolina wrongful death lawyers at DeMayo Law Offices, Your North Carolina Law Firm™, understand what you’re going through and would like to offer our assistance. We can help you heal financially, whether it be fighting for compensation to help with a pile of medical bills and funeral costs, recover the cost of treating your loved one’s injuries and the money they would have earned working, compensate you for your loved one’s pain and suffering, or recoup the income that your family relied on.
Our years of experience helping surviving families recover compensation make us a reliable resource for those who want to know if their loved one’s death qualifies. Call (866) 205-5181 to schedule a free initial case evaluation.
For a free legal consultation with a Personal Injury lawyer serving North Carolina, call (877) 333-1000
Wrongful death lawsuits are civil actions initiated by the loved ones of a deceased individual, seeking compensation for their loss caused by the negligence or wrongful acts of another party.
In such cases, family members have the legal right to file a wrongful death suit to pursue financial damages.
Under North Carolina law, a surviving family member or estate representative can bring a wrongful death action when the wrongful, reckless, or negligent acts of another person or entity cause someone to die.
The personal representative of the deceased person files a claim or wrongful death lawsuit for monetary compensation in these civil cases.
The statute of limitations (or legal time limit) for filing a wrongful death claim in North Carolina is two years. There are some exceptions to this, so the rules can be confusing. Starting the process as quickly as possible will help you gather pertinent evidence and documents before they’re lost. Experienced legal counsel from DeMayo Law Offices, Your North Carolina Law Firm™, will ensure your claim meets the necessary deadlines.
A wrongful death claim is a complex process. You need to gather numerous documents to prove your claim, including incident reports, medical records, photos, and non-public records like employment histories.
To prove medical malpractice, you must obtain the services of a medical expert witness.
A seasoned DeMayo Law Offices lawyer can prepare and file your wrongful death claim, so you don’t have to navigate the complicated system on your own. If we have to, we can bring your case to court and prove its validity in front of a judge.
Wrongful death cases we handle
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Medical malpractice
Sometimes doctors, nurses, and other medical personnel make grave errors or fail to provide adequate care, such as in diagnosing an illness or injury, treating an illness, or prescribing medication. These mistakes can be fatal. When they are, you can initiate a wrongful death claim against the doctor or other caregiver that caused your family member’s death.
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Defective products
The federal government requires companies to test their goods before they reach consumer shelves, so if they release an unsafe product, they are at fault for any injuries it causes. Manufacturers and sellers of defective products can be held liable for wrongful death using product liability law.
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Workplace accidents
Employers must provide a safe working environment for all their employees. Certain occupations are inherently higher risk, but deadly accidents can occur at any job.
When a fatality happens in a North Carolina workplace, the employer’s workers’ compensation insurance provides death benefits to the surviving family. However, if another entity besides the employer is at fault, such as an equipment manufacturer, your attorney can help you bring a wrongful death action against that party.
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Property accidents (premises liability)
Property owners have a legal responsibility to keep their premises safe, but not all do. When a death occurs because a property has not been maintained responsibly, you may be able to begin a premises liability claim. They can be brought against home, land, or business owners and even government entities. Some examples of premises liability accidents are:
- slip-and-falls
- Dog bites and other animal attacks
- Physical assaults
- Swimming pool drownings
- Malfunctioning property equipment injuries, such as escalators or elevators
Premises liability wrongful death claims can be more complicated than others. It’s not enough to just verify that the death occurred on the property, and that the property was in a hazardous condition. You must also prove that the property owner was aware of the danger but failed to fix it or provide adequate warning about the hazard.
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Automobile accidents
Careless drivers who speed, drive under the influence of drugs or alcohol, or engage in other dangerous behaviors often cause these fatal crashes. They can be held responsible for their recklessness or negligence in an automobile accident wrongful death claim.
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Nursing home negligence
The residents of nursing homes depend on the caregivers to keep them safe and comfortable. Sometimes nursing home staff or other residents take advantage of this vulnerability and intentionally harm someone who can’t defend themselves. Other times, conditions within the facility prevent appropriate medical or personal care. Both situations constitute nursing home negligence.
Unfortunately, nursing home employees and administrator negligence cause preventable, untimely death every year. When this tragic loss of life happens, family members may be able to pursue a wrongful death claim against the facility.
North Carolina Wrongful Death Lawyer Near Me (877) 333-1000
When at-fault parties settle a wrongful death claim or a judgment orders them to do so, the compensation they pay to surviving family members is referred to as “damages.”
In North Carolina, the types of damages that courts can award in these cases can include funds for:
- Medical expenses incurred by the injury that led to death
- Funeral and burial expenses
- Pain and suffering of the deceased
- Loss of the deceased’s income, services, care, and companionship
In rare cases, a judge may award the victim’s family punitive damages. Court’s award punitive damages to punish the at-fault party for the conduct that led to the wrongful death and discourage other people or companies from engaging in similar neglectful behavior.
Although monetary compensation can never undo the tragic loss of a loved one, it can relieve the financial burden you face and provide your family with some comfort and security.
Choose DeMayo Law Offices to handle your wrongful death case.
The attorneys at DeMayo Law Offices have over 150 combined years of experience. Since 1992, we have represented thousands of clients and obtained numerous large settlements and verdicts. With so much practice, we have the expertise to handle any wrongful death case and pursue compensation that acknowledges the value of your loved one’s life.
FAQs: About Wrongful Deaths
Below are a few common questions about wrongful death claims. Our experienced wrongful death legal professionals at DeMayo Law Offices can answer any other questions you have when you call (866) 205-5181.Any death caused by the negligence of another person or entity can be the basis for a wrongful death claim. Proving this can be a complicated process. An attorney who understands the laws and procedures for wrongful death cases, like ours at DeMayo Law Offices, will determine if your claim has legal merit.
In North Carolina, claims must be filed by the designated personal representative of the deceased. This representative is either the executor of the will or, if there is no will, the estate administrator.
You may be able to demand fair compensation from the responsible party.
Unfortunately, there are more causes of wrongful deaths than we can cover here. If you have lost someone due to someone else’s negligence or recklessness, please allow us to review your case.
The wrongful death lawyers at DeMayo Law Offices, Your North Carolina Law Firm™, will work diligently to win the settlement or judgment you deserve. We know you need compassion and respect during this difficult time, so we’ll never talk down to you. Instead, we’ll walk you through the whole process step by step. Schedule your free, no-obligation consultation by calling us today at (866) 205-5181, or fill out our brief online form below.
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