Few things can match the pain and trauma of losing a loved one. If your family member or spouse has died in an accident due to someone’s wrongdoing, you may be struggling and looking for answers. Nothing can make up for the death of someone cherished, but there are options to recover financial compensation for your losses.
A wrongful death lawyer in Durham from DeMayo Law Offices can be the advocate you need during the darkest hours. We can help you file a wrongful death lawsuit against the responsible party to compensate you for the value of lost financial support and emotional distress.
We have secured over $1 billion for deserving clients across all walks of life and want to help you seek justice for your loved one’s death. Contact us today to learn how a Durham personal injury lawyer can help.
How a Wrongful Death Lawyer From DeMayo Law Offices Can Help
Seeking justice after a wrongful death is no small task and requires a thorough knowledge of personal injury law and court procedure. Lawyers are trained professionals who can provide legal representation through every step in the process.
More specifically, an attorney can:
- Investigate the accident and gather evidence
- Work with medical experts to determine cause of death
- Acquire official death documentation and medical records
- Track expenses and calculate your losses
- Gather eyewitness and expert testimony
- Send demand letters to insurers
- Negotiate settlement offers
- Litigate your case at trial
DeMayo Law Offices can stand up for what’s right and give you the courage to persevere despite the odds.
For a free legal consultation with a wrongful death lawyer serving Durham, call (877) 333-1000
How Does North Carolina Define Wrongful Death?
A wrongful death is any death that occurs due to the negligence or wrongful act of another person. Similar to a personal injury lawsuit, a wrongful death claim seeks to recover compensation for losses incurred. The difference is that someone else must initiate a wrongful death lawsuit because the victim is deceased.
Various types of fatal accidents can be grounds for filing a wrongful death claim, such as:
- Car and truck accidents
- Motorcycle accidents
- Slip and fall accidents
- Premises liability accidents
- Medical malpractice
- Nursing home abuse/neglect
- Defective product accidents
- Workplace accidents
- Intentional acts (e.g., crime)
Note that a wrongful death lawsuit is different from a criminal homicide trial. A lawsuit is a civil process, while a trial is a criminal process, so different standards of evidence apply. A wrongful death claim must only be proved by a preponderance of evidence (e.g., more likely than not) rather than “beyond a reasonable doubt,” as in criminal cases.
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Who Can Initiate a Wrongful Death Claim in Durham?
In North Carolina, only the deceased’s personal representative can file a wrongful death claim. This is the executor of the deceased’s estate, as named in their will. If the deceased didn’t have a representative, the courts will appoint one, typically from surviving spouses, children, or parents.
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Compensation You Can Recover in a Wrongful Death Claim
The emotional devastation after a death can be great. Compounding the pain is the financial difficulties of moving forward, especially if your loved one was your household’s primary income earner.
Through a lawsuit, a Durham wrongful death lawyer can pursue compensation for:
- Medical and hospital expenses that the deceased incurred before death
- Lost wages/salary and loss of future earned income
- The value of lost household services, like housekeeping or childcare
- Pain, emotional distress, and mental anguish
- Loss of care, guidance, and consortium
- Funeral and burial expenses
North Carolina also allows punitive damages in cases where the offender acted with malice or reckless disregard for others’ safety. For example, if your loved one was killed by a drunk driver, it could be grounds to recover punitive damages in addition to the above compensatory damages.
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Who Receives the Settlement From a Wrongful Death Lawsuit?
The distribution of proceeds from a wrongful death lawsuit is governed by North Carolina’s laws of intestate succession, as stated in NC General Statutes 29-14.
The order, in terms of priority, is:
- Spouse
- Children
- Grandchildren
- Parents
- Siblings
The amount of compensation any family member is entitled to depends on the number of surviving family members. Generally speaking, higher priority family members receive all the funds, and lower priority family members only receive them if there are no higher surviving members.
Time Limit for Wrongful Death Lawsuits in Durham
North Carolina’s wrongful death statute of limitations generally places a two-year time limit on all lawsuits for death due to negligence or wrongdoing. This two-year timer starts from the date of death, which may be different from the day the deceased sustained their fatal injuries.
This time limit is extremely strict and has very few exceptions, so it’s best not to delay. The longer you wait, the harder it will be to gather evidence proving that the at-fault party was liable for the death. A wrongful death lawyer can promptly initiate proceedings, reducing the risks of delays and claim denials.
Contact a Durham Wrongful Death Lawyer From DeMayo Law Offices
No amount of money can truly fill the void that the death of a loved one can leave. But a Durham wrongful death lawyer can fight for the financial stability necessary to heal and move forward with life. DeMayo Law Offices has served clients in North Carolina for over 35 years and is here to help you next.
Contact us today to schedule a free consultation with a team member to discuss your case. Our lines are open 24/7, so reach out whenever it is convenient for you.
Call or text (877) 333-1000 or complete a Free Case Evaluation form
