Few families are genuinely prepared for losing a family member or loved one. The grief family experiences might be compounded by anger and frustration if someone else’s negligence or intentional actions caused the death. You would deserve accountability and justice if you lost someone in an accident that could have been prevented. 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 criminal 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 decedent’s personal representative. Usually, 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, a close family member fills the unique representative role, such as a spouse, parent, adult child, 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 must prove that someone else’s negligent actions or inactions led to your loved one’s death. You will also need to confirm 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 Kreger Brodish LLP law firm. Our personal injury lawyers 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 your loved one and your family’s losses. Compensation that can be recovered in a criminal 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. Still, they are intended to punish the at-fault party for their behavior and deter others from similar conduct in the future.
How Can Our Durham Wrongful Death Lawyers Help You?
If you are grieving the loss of a loved one or family member, you may not have the time and energy to pursue a legal claim against those responsible for your loved one’s passing. Let our Durham wrongful death lawyers help your family by taking care of all aspects of your legal claim, including:
- Thoroughly investigate the underlying facts and circumstances of your loved one’s death to secure all available evidence.
- Reviewing the evidence to determine how your loved one’s death occurred and to identify the party or parties that may have liability for your losses
- Hiring expert witnesses in fields such as accident reconstruction, medicine, or finance to help us persuasively explain how the other party bears responsibility for your loved one’s death as well as the extent of the losses that your family has endured
- Documenting final medical bills, funeral and burial costs, loss of your loved one’s future earnings, and other tangible losses, as well as helping your family persuasively explain the value of your loved one’s lost affection, companionship, guidance, and society
- Presenting your demands for compensation to the at-fault parties to begin the process of negotiating a full settlement that provides your family with the accountability and justice you deserve
- Taking your case to trial when necessary to fully pursue your legal options and fight for the best possible result for your family
With Kreger Brodish LLP, our Durham wrongful death lawyers manage every aspect of your claim from start to finish. As a result, we give you peace of mind so you can focus on your family.
North Carolina Wrongful Death Statute of Limitations
In North Carolina, the Statute of Limitations typically requires that a wrongful death claim lawsuit be filed within two years of the decedent’s passing. If your family files suit after the limitations period, the court can dismiss your case, and you can lose the right to recover compensation.
The statute of limitations makes it essential to speak with a Durham wrongful death lawyer as soon as possible. Preparing a wrongful death claim requires a great deal of legal work, including:
- Preserving evidence before it is lost or destroyed
- Identifying the at-fault party and all possible sources of compensation
- Preparing a compelling and persuasive legal case to show who is at fault for your loved one’s passing and the extent of losses your family has suffered
You should give your attorney as much time as possible to prepare your wrongful death claim thoroughly. These cases can be complex, and you don’t want to risk running out of time.
What Are Common Causes of Wrongful Death?
Examples of accidents that can lead to wrongful death claims include:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Pedestrian accidents
- Bicycle accidents
- Boating accidents
- Railroad accidents
- Bus accidents
- Aviation accidents
No matter what type of accident claimed the life of your loved one, you deserve answers. Turn to the North Carolina wrongful death lawyers at Kreger Brodish LLP to learn how we can help.
Talk to a Wrongful Death Lawyer in Durham, NC Now
Contact Kreger Brodish LLP today for a free consultation with an experienced Durham wrongful death attorney. You deserve compassionate legal counsel during this difficult time. Let us stand firm for you and your family.