Durham Wrongful Death Lawyer

Wrongful Death Attorney in Durham, NC

Losing a loved one is extremely difficult, but it can be even worse if their death was due to someone’s negligence or recklessness that could have been prevented. An unexpected loss can be devastating not just emotionally, but financially, too. If you have lost someone due to a wrongful death, you may need a Durham wrongful death lawyer.

The Law Office of Jacob Goad is ready to stand up for your rights after the wrongful death of a loved one. We are here to provide compassionate representation while fiercely fighting to get you the compensation you deserve. Our firm also handles Personal Injury cases arising from negligence and reckless conduct.

What is a Wrongful Death Claim?

Wrongful death is a term used to refer to a death caused by another person’s criminal misconduct, negligence, or failure to act. Survivors may file a wrongful death claim against the negligent party, seeking compensation for their loss. The leading causes of wrongful deaths are falls and car accidents. In 2021, 42,939 people were killed in auto accidents in the U.S.

Who Can File a Wrongful Death Claim in North Carolina?

North Carolina’s Wrongful Death Act § 28A-18-2 says that if a person’s death is caused by a wrongful act or the neglect of another, a wrongful death claim may be filed on behalf of the deceased by an appointed personal representative of the estate.

A wrongful death claim is a civil action that survivors can file, even if there is also a criminal case related to the death. It is separate from the criminal case. If the person who died had a written will, the executor named in the will can serve as the representative. If there is no will, the court can appoint an administrator.

North Carolina General Statute § 1-53(4) establishes that the statute of limitations for a wrongful death claim is two years from the date of the death. A Durham wrongful death attorney can help show that the wrongful act caused the death and work to ensure that the claim is filed within the deadline.

Possible Damages in a Wrongful Death Claim

The Wrongful Death Act explains the type of damages that may be recovered when you file a wrongful death action. You may seek compensation for:

• Medical expenses. These expenses may include the initial emergency room visit, hospital stays, and hospice care.
• Funeral expenses. You may be able to recover funeral and burial expenses.
• Income and expenses. The sudden death of a loved one may affect their family if they no longer have their income.
• Pain and suffering. You may recover costs for the decedent’s conscious pain and suffering experienced before death.
• Loss of companionship. You may seek compensation for the loss of companionship or any services that the person who died may have provided for the household.
• Punitive damages. Punitive damages are intended to punish the responsible party. These may be sought if the death was the result of malicious conduct or willful acts.

Possible Causes of Wrongful Death

North Carolina law does not specifically state the grounds for a wrongful death, but there are many types of incidents that could lead to an unintended death. These include:

• Car accidents. Caused by drunk driving, distracted driving, or other incidents of driver negligence.
• Workplace injuries. If a company’s negligence results in the death of a worker, it can be the basis for a wrongful death suit.
• Fatal truck accidents. Caused by violations of the Federal Motor Carrier Safety Administration regulations. The truck driver or the carrier company may be held responsible.
• Product liability. Manufacturing defects, faulty design, or failure to warn people of possible injuries or death can be the cause of a wrongful death.
• Medical malpractice. If medical professionals fail to provide the accepted standard of care and it results in the death of a patient, the family may file a wrongful death claim. One study shows that 400,000 patients die from medical malpractice each year.

Hire a Wrongful Death Lawyer

If a member of your family dies unexpectedly, you may want to hire a wrongful death lawyer to discuss the details. They can:

• Investigate the cause of death.
• Identify the liable parties, whether they are an individual or a business.
• Gather evidence to help build your case.
• Work with medical professionals.
• File insurance claims.
• Aggressively represent you in Durham County Superior Court.

FAQs

How Much Do Lawyers Charge for a Wrongful Death Claim?

The amount that a lawyer charges for a wrongful death claim varies depending on the case. They typically charge a contingency fee, which is a percentage of the final settlement or jury award. This fee is often determined when an attorney and client decide to work together and can be discussed as early as an initial consultation meeting.

What Are the Odds of Winning a Wrongful Death Suit?

The odds of a successful outcome in a wrongful death claim depend on a variety of factors. These include the strength and quality of the evidence, the ability to prove negligence, state wrongful death laws and statute of limitations, the legal strategy of the defense, and the experience of a wrongful death attorney.

What Is the Maximum Payout for a Wrongful Death?

There is no maximum payout for economic and non-economic losses for a wrongful death in North Carolina. Compensation depends on the case. Factors such as economic losses, insurance, assets, and pain and suffering are taken into consideration. If the wrongful death is the result of medical negligence, North Carolina statute  § 90-21.19 caps non-economic damages at $500,000.

What Are the Four Things That Must Be Proven to Win a Medical Malpractice Suit?

The four elements that must be proven in a medical malpractice case include duty of care, breach of duty, direct cause, and damages. All four must be established by the evidence, typically with professional medical testimony to show that the provider’s actions fell below the accepted standard of care and directly resulted in the patient’s harm.

Contact a Wrongful Death Attorney

If you lost a member of your family because of someone’s negligence or neglect, you may be able to file a wrongful death claim to recover damages. The Law Office of Jacob Goad is ready to help you fight for the compensation you deserve. Contact us today for a review of your case.