Wrongful Death Attorney in Fayetteville

Supporting Clients Every Step of the Way as They Navigate Difficult Circumstances

When a loved one dies suddenly, it leaves the surviving family grieving, trying to make decisions and plans, and wondering what happened. If a death was the result of an accident caused by someone else’s negligence or an intentional act, a wrongful death lawsuit may be a possibility. Understanding how wrongful death cases work, what limits and laws apply, and how long the process can take can ensure you’re prepared.

Filing a wrongful death lawsuit is something that people hope they never have to consider, but it can help you take care of expenses and have some financial support as you figure out where to go from here. Call the attorneys at Brent Adams & Associates to schedule an appointment and get help filing your case.

What Are Wrongful Death Cases?

Wrongful death cases are lawsuits filed in the civil court system after someone dies as a result of another person’s negligence or willful actions. It’s a way for the victim’s family to be compensated for expenses related to their loved one’s death and the loss of companionship and support they experience.

Wrongful death cases can be filed after a negligent action, such as a car accident or workplace accident, or after someone is killed in a criminal act. However, it’s important to note that wrongful death cases do not involve criminal penalties or any sentencing for the other party. It is strictly a financial lawsuit.

Are There Limits on Who Can File a Claim?

North Carolina has strict limits on who can file a wrongful death claim. Only the named executor of the deceased’s estate is able to bring forth a lawsuit. This means that they also have sole decision-making power when deciding whether they want to pursue this option. The executor is named in the deceased’s will. But wrongful death cases often involve sudden deaths, and the person may not have had a will or named an executor.

In these cases, the courts will decide who will be appointed as executor of the estate. It is often the closest adult relative, such as a spouse or parent, but there are no specific rules for who can serve in this role. If two people both believe they should be named as executor, they will be able to explain why in court, and the judge will make this determination.

How Do You Prove a Wrongful Death Case?

Wrongful death cases have four specific elements that must be proven to win your case. The burden of proof in a civil case is “a preponderance of the evidence.” This is different from the burden of proof many people are familiar with in criminal cases, which is “beyond a reasonable doubt.” A preponderance of the evidence is a less stringent burden of proof that only requires you to prove that it’s more likely the defendant was at fault than that they weren’t.

The four elements of a wrongful death case are:

• The defendant had a duty of care to the victim.
• The defendant breached that duty of care.
• The victim died.
• The victim would still be alive if the defendant had not acted as they did.

While this seems like a simple enough list, these cases are rarely cut and dried, and you need the help of an experienced attorney to argue and win your case.

What Kind of Compensation Can Surviving Family Members Receive?

When you file a wrongful death lawsuit, you specify how much you are seeking in damages, but it’s not always easy to determine this amount. In general, it should include any expenses related to the burial or funeral and compensation for loss of care, companionship, and income.

If there were extenuating circumstances, such as if the person died as the result of the wanton or willful actions of the defendant, the court has the ability to award the surviving family punitive damages. This is money paid out on top of the normal damages to the victim’s family with the intention of deterring the defendant from repeating their behavior. North Carolina does not put any limits on how much compensation can be awarded, but an attorney can help you arrive at a fair and reasonable figure.

Is There a Limit on How Long Someone Has to File a Wrongful Death Case?

Most civil case filings have a statute of limitations. This is how long the victim has to file a case against the defendant. For wrongful death cases in North Carolina, the executor of the deceased’s estate has two years to file a lawsuit from the date of death. If no action is filed at that time, the executor loses the ability to pursue legal action.

Deciding when to file your claim is somewhat legal strategy and somewhat personal choice. It’s generally best not to file too soon after the death, when you may not have a full understanding of the losses you’ve incurred, or too close to the deadline, when it can be stressful to get everything together and filed on time. Talking to a wrongful death attorney as soon as possible after your loved one has passed can ensure you understand how much time you have and when it may be most advantageous to file your lawsuit. Keep in mind that it can take months and sometimes even years to resolve these cases, and you’ll want to consider what you’ll do financially in the meantime.

If you need help understanding your legal options or filing a wrongful death claim after your loved one has passed away, call 910-483-7183 to speak to the team at Brent Adams & Associates. We’re here to listen to your concerns, answer your questions, and represent you as you pursue compensation.