Wrongful Death Attorney in Durham, NC

wrongful death lawyer in court

Few families are truly prepared for the loss of a family member or loved one. The grief a family experiences may be compounded by anger and frustration if someone else’s negligence or intentional actions caused the death. If you lost someone in an accident that could have been prevented, you deserve accountability and justice. While no legal action could ever bring your loved one back, a Durham wrongful death lawyer from the law firm of Kreger Brodish LLP could help your family demand the answers and compensation that the law allows.

For more than a decade, the attorneys of Kreger Brodish LLP have provided comprehensive legal advocacy and compassionate service to families across Durham and throughout North Carolina. While your time and energy are focused on coping with your loss, our firm could help by investigating your case, identifying the responsible parties, documenting your losses, and fighting for the compensation you need to move forward.

Don’t put off seeking justice after a loved one’s wrongful death. Call our firm today for a free initial case evaluation with a compassionate Durham wrongful death lawyer.

Who Can File a Wrongful Death Lawsuit in North Carolina?

Under North Carolina law, a wrongful death lawsuit may only be filed by the personal representative of the decedent. Normally, the personal representative means the executor or administrator of the decedent’s estate.

If no estate is opened for the decedent, the court can appoint a personal representative to pursue the wrongful death claim. In most cases, the personal representative role is filled by a close family member, such as a spouse, parent, adult child or grandchild, or sibling.

The personal representative then brings the wrongful death claim on behalf of the decedent’s estate and their surviving family members, who are entitled to recover compensation for the losses suffered due to the person’s passing.

What Do You Have to Prove in a Wrongful Death Case?

To recover compensation in a wrongful death case, you will need to prove that someone else’s negligent actions or inactions led to your loved one’s death. You will also need to prove that your loved one and/or your family sustained losses that you can be financially compensated for, including medical expenses, lost income, and the emotional pain and suffering caused by losing your loved one’s companionship and love.

If you believe you may have a wrongful death case, please reach out to the compassionate attorneys at the law firm of Kreger Brodish LLP. We can review the details of your case for free, answer your questions, and help you decide what to do next.

Seeking Compensation in a Wrongful Death Claim

In a wrongful death claim, you may be entitled to recover compensation for the losses that your loved one and your family have suffered. Compensation that can be recovered in a wrongful death case includes:

  • Costs of medical treatment for your loved one’s last injury or illness, including ambulance services, ER or hospital bills, or surgeries and other procedures
  • Conscious pain and suffering caused by a final injury or illness endured by your loved one before their death
  • Funeral and burial expenses
  • Loss of your loved one’s financial contributions to your family and household, including their future income and employment benefits they provided to the family such as health insurance and retirement or pension benefits
  • Loss of your loved one’s services and assistance to the household, including the cost of hiring third parties to perform household tasks previously performed by your loved one
  • Loss of your loved one’s companionship, guidance, advice, affection, and society

In rare instances, your family also may be entitled to recover punitive damages in a wrongful death claim where the at-fault party engaged in intentional or wanton conduct. Punitive damages do not compensate your family for any loss but rather are intended to punish the at-fault party for their conduct and to deter others from similar conduct in the future.