Losing a loved one is one of the most devastating experiences in a person’s life. And the trauma of this event only worsens when the loss occurs due to someone else’s negligence or wrongdoing. Fortunately, there are people to turn to for help during this period of grief and uncertainty.
Morganton wrongful death lawyers at DeMayo Law Offices can provide the guidance and support you need. We can help you hold responsible parties accountable for their actions and secure fair compensation for your family’s losses. You deserve to have a professional advocate who is on your side and truly listens and cares.
We’ve secured over $1 billion in judgments and settlements for clients. Contact us for a free consultation to find out what a Morganton personal injury lawyer can do for you.
Who Can File a Wrongful Death Lawsuit
Typically, immediate family members, such as spouses, children, or parents, have the right to pursue legal action. Additionally, dependent family members and the personal representative of the deceased person’s estate may also be entitled to file a wrongful death lawsuit.
Immediate Family Members
When a loved one’s life is cut short due to someone else’s negligence, the grieving process can be overwhelming. As you wade through this difficult time, you may be wondering if you’re eligible to file a wrongful death lawsuit.
If you’re an immediate family member, you may have a claim. This typically includes:
- Spouses
- Children
- Parents
- Siblings
Regarding family dynamics, this close-knit group often provides emotional support to one another. If you’re part of this inner circle, you may be able to seek compensation for the loss of your loved one. Our Morganton wrongful death lawyer can help guide you through the legal process.
Dependent Family Members
Beyond immediate family members, other dependent family members may also be eligible to file a wrongful death lawsuit. This includes individuals who were financially dependent on the deceased, such as a grandparent who relied on their grandchild for support.
A dependent family member may have been emotionally and financially supported by the deceased, and their loss can lead to significant financial struggles. If you were dependent on the deceased, you may be able to file a wrongful death lawsuit to seek compensation for your losses.
Our Morganton, NC, wrongful death lawyer can help you determine your eligibility and guide you through the legal process.
Personal Representative
In addition to immediate and dependent family members, North Carolina law also recognizes the role of a personal representative in filing a wrongful death lawsuit. As the plaintiff, you’ll need to establish legal authority to pursue compensation for your loved one’s death.
A personal representative, usually the executor of the deceased’s estate, has the authority to file a lawsuit on behalf of the estate and the surviving family members in the following proceedings:
- Legal authority: A personal representative must have legal authority to file a lawsuit, which is usually granted through the deceased’s will or by court appointment.
- Court proceedings: The personal representative will represent the estate and family members, ensuring their interests are protected.
- Filing the lawsuit: The personal representative is responsible for filing the wrongful death lawsuit and traversing the legal process.
- Distribution of damages: If damages are awarded, the personal representative will distribute them according to North Carolina law and the deceased’s wishes.
For a free legal consultation with a wrongful death lawyer serving Morganton, call (877) 333-1000
Damages Our Morganton Wrongful Death Attorneys Can Pursue
You may be entitled to recover various damages if you’ve lost a loved one due to someone else’s negligence or wrongful actions. These damages can provide financial compensation for your harm and losses.
To determine legal liability, our Morganton wrongful death lawyer can investigate the circumstances surrounding the death and gather evidence to prove that the defendant’s actions or inactions caused the fatal accident.
When calculating compensation, our lawyers consider medical expenses, funeral costs, lost income, and emotional distress. You may also be eligible to recover damages for the loss of companionship, guidance, and support your loved one provided.
The Investigation and Evidence Gathering Process
After determining the types of damages to which you’re entitled, your Morganton wrongful death lawyer will begin a thorough investigation to gather evidence supporting your claim. This vital step helps build a strong case, ensuring you receive the compensation you deserve. Your lawyer will:
- Conduct forensic analysis of physical evidence, such as accident scenes, vehicles, or medical records, to reconstruct the events leading up to the death.
- Collect and analyze witness statements from family members, friends, or bystanders to better understand the circumstances.
- Review medical records, police reports, and other documentation to establish a timeline of events.
- Consult with experts, such as accident reconstructionists or medical professionals, to provide objective opinions and insights.
Morganton Wrongful Death Lawyer Near Me (877) 333-1000
Proving Negligence or Wrongdoing
To establish a successful wrongful death claim, your Morganton wrongful death lawyer must prove that the defendant’s negligence or wrongdoing directly caused your loved one’s death. This involves demonstrating that the defendant breached their duty of care, resulting in your loved one’s fatal injuries.
In some cases, you may need to prove criminal intent, such as in instances of reckless or intentional behavior. Corporate accountability may also come into play if the defendant is a company or organization that failed to uphold their responsibility to protect individuals.
Our lawyers work to gather evidence and build a strong case to prove the defendant’s liability. We may interview witnesses, review documents, and consult with experts who can help us build a stronger case for you..
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Our Wrongful Death Lawyers Are Here for Your Family
As you seek justice for your loved one, our Morganton wrongful death lawyer can support and guide you. We will work tirelessly to secure fair compensation and hold the responsible parties liable, allowing you to focus on grieving and healing.
At DeMayo Law Offices, we are committed to providing you with the compassionate representation you need during this difficult time. Contact us for a free consultation to discuss your case.
Call or text (877) 333-1000 or complete a Free Case Evaluation form
