Losing a loved one is one of the hardest experiences anyone can go through, especially when someone else’s negligence causes their death. When a loved one’s life is cut short due to someone else’s careless actions, you deserve the chance to hold the responsible party accountable. In North Carolina, you can pursue a wrongful death claim or a survival action. These legal options can provide financial support for funeral expenses, lost income, and emotional losses.
While the legal process may seem daunting, you don’t have to go through it alone. At Kreger Brodish LLP, we can explain your options and fight for your family’s rights during this challenging time. Call our office today for your free and compassionate case consultation with a North Carolina wrongful death lawyer.
What Is a Wrongful Death Claim?
A wrongful death claim is a legal action brought by the personal representative of the deceased person’s estate, which can provide financial relief to the surviving family members. You can seek compensation for losses related to your loved one’s death in a wrongful death claim. Wrongful death claims typically include losses that directly impact the surviving family members, such as:
- Medical Expenses Incurred Before Death – You can seek to recover the costs of any medical care received by the deceased before their untimely passing.
- Loss of Financial Support – You can pursue compensation for the financial benefits your loved one would have earned and provided for the family, as many families face financial hardship if the deceased was a primary provider.
- Loss of Companionship – You can seek to recover the loss of emotional and social support of your loved one in your claim, which is one of a few types of emotional damages in a wrongful death claim that you can pursue.
- Funeral and Burial Costs – You and your family can seek reimbursement for the high costs of laying your loved one to rest, as these expenses can be significant, and families shouldn’t have to bear the financial burden alone.
What Is a Survival Action?
A survival action works to hold the responsible party accountable for the harm caused to the deceased. This type of claim is particularly important when the deceased survived for some time after the incident and incurred significant financial losses and pain. Instead of compensating the family directly for their losses, survival actions focus on losses the deceased suffered before passing away, including:
- Injury-Related Medical Costs – You can include any medical costs related to your loved one’s injury in a survival action.
- Lost Wages the Deceased Would Have Earned – You can pursue the income your loved one would have earned at work before their passing.
- Pain and Suffering Endured Before Death – You can seek compensation for the discomfort and distress your loved one may have experienced before their death.
Key Differences Between Survival Actions and Wrongful Death Claims
While both claims arise from a person’s wrongful death, they differ in a few critical ways. These differences include:
- Intent and Purpose of the Claim – Wrongful death claims aim to compensate the family for their losses related to their loved one’s death, while survival actions seek damages for financial losses, pain, and suffering sustained by the deceased before their death.
- Types of Losses to Pursue – Wrongful death claims can cover loss of companionship and funeral expenses, whereas survival actions seek to cover losses for medical expenses, pre-death suffering, and lost earnings.
- Proposed Recipient of Compensation – Wrongful death claims intend to benefit the deceased’s surviving family members, but survival actions intend to seek compensation that goes to the deceased’s estate.
An experienced wrongful death attorney can help you figure out which of these claims to pursue.
What Damages Can Be Recovered?
In both wrongful death claims and survival actions, you can pursue different types of compensation, depending on the circumstances. With wrongful death claims, you can pursue the following losses:
- Loss of Financial Support – This includes compensation for the financial contributions the deceased would have made had they not passed away.
- Funeral and Burial Costs – These include expenses related to the deceased’s burial and funeral costs.
- Loss of Companionship – This includes damages for the loss of love, guidance, and emotional support.
In survival actions, you can pursue:
- Medical Costs – This includes all medical expenses related to the care the deceased received before passing.
- Lost Wages – This includes earnings the deceased would have made had they survived.
- Pain and Suffering – This includes compensation for physical and emotional distress experienced by the deceased before death.
How to File a Wrongful Death Claim or Survival Action in North Carolina
Filing a wrongful death case or survival action in North Carolina can be intimidating, but there is a step-by-step process you can follow. These steps include:
- Call a North Carolina Wrongful Death Lawyer – Turning to a skilled wrongful death claim lawyer is beneficial as they can evaluate your circumstances, explain possible routes of legal action, and create a specific legal strategy.
- Determine Which Type of Claim Applies – Your lawyer will explain and help you determine whether a wrongful death suit or a survival action is the most appropriate route for you and your family’s circumstances.
- Collect Evidence – Your attorney can collect all relevant evidence to support your case, which may include accident reports, police reports, medical records related to the deceased’s injury and treatment, witness testimonies, and expert opinions.
- Identify the Responsible Party – Identifying who is legally responsible for your loved one’s death requires thorough evidence. Your lawyer will use all the available evidence to assign responsibility to the individual, company, or entity responsible for the fatal injury.
- Document All Losses – Your attorney can accurately calculate your total losses to pursue the exact financial support your family needs. The key to making sure losses don’t go overlooked is keeping track of all medical bills, receipts for funeral and burial expenses, documentation of lost wages and benefits, and testimony about the pain and suffering your loved one may have experienced.
- File the Claim – Your lawyer will file the appropriate paperwork. For a wrongful death claim, this is typically done by the personal representative of the deceased’s estate. With survival actions, the estate itself will file the claim on behalf of the deceased.
- Negotiation and Settlement – Your wrongful death attorney will enter negotiations with the responsible party’s insurance company or legal team after filing the claim. The goal is to reach a fair settlement that provides complete compensation to cover the losses. Your attorney will handle all communications with insurers to argue for what you need and avoid accepting lowball offers.
- File a Wrongful Death Lawsuit – Your lawyer will file a wrongful death lawsuit if negotiations fail to reach a fair settlement. Preparing for trial requires collecting and showing evidence of the wrongful death or the deceased’s suffering to seek a fair payout in court.
Time Limits: North Carolina’s Statute of Limitations
North Carolina has strict deadlines for filing both types of claims. The statute of limitations for wrongful death claims and survival actions is two years from the date of death. Missing this deadline can mean losing your right to seek compensation, so it’s crucial to take legal action as soon as possible to preserve your rights.
Why Choose Our North Carolina Wrongful Death Lawyers?
The emotional toll of dealing with the loss of a loved one is overwhelming, and the idea of having to handle a wrongful death or survival action claim can intensify your feelings. We can handle it all for you, including:
- Personalized Representation – From the moment you contact our office, we take the time to listen to your story, learn your needs, and develop a strategy that aligns with your goals. Common questions include “How long does a wrongful death lawsuit take?” Our attorneys are always available to answer your questions, offer guidance, and address your concerns.
- Experience and Skill – Our lawyers bring years of experience and skill to the table. We know how to tackle challenging cases and can anticipate the defense strategies that may be used against you. Our team’s experience in handling these sensitive matters gives you the confidence that your case is in capable hands.
- Empathetic Support – Losing a loved one is an incredibly emotional and difficult experience, and we understand the pain that comes with such a loss. You won’t have to face this challenging journey alone; we are here to listen, advocate, and provide support whenever you need it, treating you with respect, patience, and compassion.
- No Upfront Legal Fees – At Kreger Brodish LLP, we believe that everyone deserves access to quality legal representation, regardless of their financial situation. That’s why we offer flexible fee structures, including contingency fee arrangements. With a contingency fee, you won’t have to worry about paying upfront legal fees. Instead, we only get paid if we win your case. This arrangement ensures that you can pursue justice without financial stress.
Contact Kreger Brodish LLP to Learn More
Losing a loved one to negligence is a painful experience, but seeking justice through a wrongful death claim or survival action can provide your family with the financial relief and closure you deserve. At Kreger Brodish, we stand by your side, providing legal support and compassionate representation in wrongful death and survival action cases. Reach out to us today for your free case consultation, and let us help you seek the justice and compensation your loved one and your family deserve.
