Greenville Wrongful Death Attorney

Wrongful Death Attorney in Greenville, North Carolina

The death of a loved one can be one of the most devastating experiences of your life, especially if the death was caused by the negligence or intentional actions of another person.

The facts in wrongful death cases are frequently ambiguous. People may give contradictory accounts of what occurred. That could be due to genuine confusion or misunderstandings. It may also happen when a responsible person or entity attempts to cover up or shift blame in order to avoid accepting responsibility. 

A wrongful death attorney in Greenville who has extensive knowledge and experience in handling similar cases can conduct an investigation to uncover the truth and bring justice to your loved one. Do not hesitate any further. Give us a call now! 

Why do I need a Wrongful Death Lawyer in North Carolina?

A wrongful death claim can be emotionally draining, complicated, and time-consuming to pursue. You do not have to go through this by yourself. 

Diener Law, a personal injury law firm in Greenville, North Carolina, understands your situation and has the compassion and experience to assist you in obtaining the justice you and your deceased loved one deserve. While you focus on your healing, you can expect us to do the following on your behalf. 

• Investigate the cause of the accident, injury, or illness 
• Establish liability
• Hire expert witnesses, such as accident reconstructionists in car accident cases or medical experts in medical negligence 
• Locate and interview witnesses 
• Obtain, preserve, and analyze critical case evidence and vital medical records
• Negotiate with the insurance company and defense lawyer
• File a lawsuit if an out-of-court settlement is not feasible. 
• Represent you in all legal proceedings 

Even though a human life can never be totally replaced, obtaining compensation through a wrongful death claim can financially aid your family. We at Diener Law will work towards fighting for you and what you deserve. Reach out to us immediately! 

Wrongful Death in North Carolina

Wrongful death in North Carolina is defined as caused “by a wrongful act, neglect, or default of another” person or entity of the type that would have entitled the person to file a personal injury lawsuit if they had survived. As a result, thinking of a wrongful death case as a personal injury claim in which the injured person is no longer available to bring their own case to court can be helpful. Instead, another party must bring the case to court on the deceased’s behalf.

A wrongful death lawsuit can be based on a variety of incidents, including 

• A negligent incident (such as a car accident)
• Medical malpractice, or 
• An intentional act (including a crime)

Since a lawsuit for wrongful death is a civil action, it can be brought even if criminal charges have not been filed yet or if the criminal case has not yet gone to court. This is because wrongful death lawsuits are considered to be separate from criminal cases.

Causes of Wrongful Deaths in North Carolina

Our seasoned wrongful death attorney in Greenville assists clients from all around the state of North Carolina in pursuing justice for deceased loved ones who suffered from a wide variety of diseases and illnesses, including the following:

• Car accidents
• Motorcycles and mopeds accidents
• Truck and tractor-trailer accidents
• Pedestrian accidents
• Slip and fall accidents
• Medical malpractice
• Cancer caused by dangerous drugs 
• Cancer caused by exposure to hazardous chemicals and substances
• Mesothelioma caused by asbestos exposure 
• Disease and injury caused by faulty medical devices
• Injuries caused by defective or dangerous consumer products (product liability cases)
• Transportation disasters (airplanes, trains, buses)

If your loved one died as a result of any of these or another type of injury or illness caused by the negligence of another, our Greenville wrongful death attorneys might be able to assist you.

When Is a Wrongful Death Claim Applicable?

A wrongful death claim can arise when a victim who would otherwise have a valid personal injury claim is killed as a result of the defendant’s wrongdoing. This can happen in a variety of circumstances, including

• When a victim is killed on purpose by a perpetrator: A wrongful death case may be pursued if the defendant has a motif and planned or staged an accident to kill the victim intentionally. 
• When a patient dies as a result of a medical professional’s negligence: A wrongful death action may be brought against a doctor if the patient dies as a result of the doctor’s failure to detect a problem or negligence in the level of care provided.
• Car accident fatalities caused by negligence: A wrongful death lawsuit may be filed if a victim of an automobile accident dies as a result of their injuries.

These are only a few instances of personal injury lawsuits that could result in wrongful death claims. An experienced wrongful death attorney in Greenville can help you qualify if your case is viable. 

What Must Be Proven in a North Carolina Wrongful Death Claim?

To hold the person liable in a wrongful death claim, the plaintiffs, usually the estate of the deceased victim, must meet the same burden of proof that the victim would have had to meet if the victim had lived. Using negligence as an example, this entails demonstrating that the defendant owed the victim a duty of care, that the defendant breached this duty, that the breach of duty was a direct and proximate cause of the death, and that the death caused the damages sought by the plaintiff.

This is a complicated process. Assistance from a qualified Greenville wrongful death lawyer is necessary to meet all the criteria and ensure a positive result. 

Who May Be Sued for a Wrongful Death?

Wrongful death lawsuits can be filed against a wide range of individuals, businesses, government agencies, and employees. For example, in a car accident involving a faulty roadway and a drunk driver, the defendants in a wrongful death action could include:

• The at-fault driver or employer in the car accident
• The faulty roadway’s designer or builder
• A government official who failed to issue adequate warnings about a road hazard that caused the accident
• The manufacturer, distributor, or installer of a faulty or dangerous vehicle component
• The people who sold, served, or gave alcohol to the drunk driver
• The proprietor of the establishment where the alcohol was served

Who Can File a Wrongful Death Lawsuit in Greenville, NC?

Surviving family members of a deceased person may file a wrongful death lawsuit in some states. However, only the personal representative, also known as the “executor,” of the deceased person’s estate may file the claim in court in North Carolina. If the deceased left a will, it is almost certain that they named a personal representative in it.

If the personal representative appointed in the will is unable or unwilling to serve, or if the deceased did not have an estate plan, the court will appoint someone else. Surviving spouses, parents, or adult children are frequently chosen as personal representatives.

North Carolina Wrongful Death Compensation Claims

If a claim for wrongful death prevails in court, the defendant will be required to make compensation to the plaintiff’s surviving family members or the decedent’s estate. Damages that are granted to the surviving family members in a North Carolina wrongful death lawsuit can be used to compensate for a range of different losses.

Economic losses include

• Medical expenses,
• Lost wages,
• Loss of future income and benefits, or
• Reasonable funeral and burial expenses.

Noneconomic losses include

• Pain and suffering;
• Emotional distress;
• Loss of the victim’s services, protection, care, and assistance; or
• The loss of society, companionship, comfort, guidance, and advice.

Punitive damages may also be awarded in a wrongful death case in North Carolina if the death was caused by “malice, willful or wanton conduct.” Punitive damages, unlike other types of damages, are not intended to compensate the family or estate. Instead, they are intended to punish the defendant for the conduct that resulted in the death and to deter future similar behavior.

North Carolina Wrongful Death Claim Statute of Limitations

Wrongful death lawsuits must be filed within a certain time frame established by a law known as a statute of limitations. A wrongful death claim must be filed in a North Carolina court within two years of the date of death, according to North Carolina General Statute 1-53 (2021). If the lawsuit is not filed within two years, the court will almost certainly refuse to hear it at all.

Do not let the opportunity to give justice to your beloved pass. Get in touch with a seasoned Greenville wrongful death attorney immediately!

Call our Competent Wrongful Death Attorney in Greenville, NC, Now!

While no amount of money can ever make up for the loss or death of a loved one, knowing that you are financially secure in the future and that the responsible parties are being brought to justice can provide you with a sense of closure and security. 

The laws governing wrongful death lawsuits are complicated and can be overwhelming. Consideration of a wrongful death lawsuit may not seem urgent during your grieving period. However, wrongful death cases must be filed within a specific time period, or you risk losing your right to financial compensation. Diener Law is here for you to prevent that from happening. 

What’s holding you back? Dial our number now, and let’s start discussing your case!