Marion Wrongful Death Lawyer

Marion Wrongful Death Attorney

Losing a loved one can be devastating, especially when it happens suddenly due to an accident that was caused by the negligence of another. In North Carolina, state law allows the victim’s surviving family members to pursue wrongful death claims on their behalf in order to seek justice and obtain compensation for the financial impact that stemmed from the death. This is why it’s so vital to meet with a trusted Marion wrongful death lawyer to guide you through the legal process while you are grieving.

Arming yourself with a detailed understanding regarding the legal recourse to which you are entitled, the varying elements involved in most wrongful death claims, how compensation for your settlement is calculated, and the statute of limitations in North Carolina for eligible death claims can help provide you with protection against the opposition that won’t settle these cases easily.

If you’ve recently experienced the tragic loss of a loved one due to the actions of another party, Law Office of Lyndon R. Helton, PLLC, and his team of experienced personal injury lawyers in Marion have been representing wrongful death victims and their families throughout the state of North Carolina for over two decades and can help you secure the compensation and justice that your family deserves.

What Are the Elements of a Wrongful Death Case?

Under North Carolina state law, wrongful death is a civil claim filed as a result of a death caused by fault, neglect, or wrongful act committed by an entity or individual. There are many different ways that a wrongful death can happen, most commonly through medical malpractice or a car accident involving negligent parties. However, proving liability in a wrongful death case can be more complex.

Here are the elements that a plaintiff must prove to determine liability in a wrongful death case:

• Duty of Care: The plaintiff must prove that the liable party (defendant) owed a duty of care to the victim to either act or not act in a specific way.
• Breach of Duty of Care: They must prove that the defendant breached the duty of care to the victim.
• Causation: They must prove that the defendant’s actions and breach of that duty of care were what directly led to the victim’s death.

In addition, actual cause and proximate cause are two different kinds of causation that must be proven when it comes to a wrongful death case. Actual cause refers to the fact that the defendant’s actions directly caused the victim’s death, and proximate cause means that the victim’s death was a foreseeable result of the defendant’s actions. The plaintiff must successfully prove both actual cause and proximate cause in order to fully satisfy the requirements of proving causation for wrongful death.

What Does a Wrongful Death Lawyer Do?

As you can probably imagine, wrongful death cases can often be quite complex, which is why it is so critical to the success of your case that you consult with a reputable wrongful death lawyer as soon as possible following the victim’s passing, as difficult as that might be.

Once you have connected with an experienced wrongful death lawyer, they can begin working for you right away. Here are just a few of the responsibilities that an attorney may carry out during the course of the wrongful death case:

• Investigate the cause of death by recovering all available evidence from the accident and any eyewitness testimonies.
• Determine which party is responsible for the incident and should be held liable for the resulting damages.
• Negotiate with the insurance companies and legal team of the defendant to ensure a fair resolution.
• Identify the legal beneficiaries of compensation from a settlement resulting from the death claim.
• Prepare a comprehensive strategy for aggressive litigation if the claim is brought to trial.

Similarly to a personal injury claim, the liable party will attempt to put forth a strong defense strategy to minimize the total financial loss of the insurance company and defendant. In many cases, the defendant will even try to claim that the victim was partly liable for the accident in order to avoid paying damages. If they can prove that the victim played a role in their death, the plaintiff may be unable to collect compensation.

A wrongful death attorney with previous experience handling death claims and bringing them to trial may be able to prove that the responsible party is liable and reject any false claims made by the defense to limit damages. They can also ensure that the victim’s family receives the highest amount of compensation that they are due within their legal rights.

What Is the Statute of Limitations for a Wrongful Death Claim in North Carolina?

In the state of North Carolina, wrongful death claims have a statute of limitations of two years after the date of the victim’s death in order for the claim to be legally viable. However, determining whether or not the claim is viable can be much more complicated than it seems, particularly if the victim’s death was due to medical negligence from ongoing medical treatment that ultimately delayed their death.

That is precisely why it’s imperative to consult with an experienced wrongful death lawyer as soon as reasonably possible following the incident or death of the victim to ensure that your legal representation can begin working on your case and gathering relevant evidence as soon as possible. In this way, they can help provide justice to the victim and fair compensation to the loved ones whom they were forced to leave behind.

FAQs

Q: What Constitutes a Wrongful Death in North Carolina?

A: In North Carolina, a death caused by the negligence, wrongful actions, or fault of an entity or a person in which duty of care, breach of duty of care, and causation are all proven legally constitutes a wrongful death. A personal injury lawyer with intimate knowledge of the state’s wrongful death laws and extensive experience handling wrongful death cases can help you prove each of the elements of a death claim in a civil trial.

Q: What Is the Burden of Proof for Wrongful Death in North Carolina?

A: In a wrongful death case, the burden of proof rests solely on the plaintiff. They must prove that the defendant’s actions or negligence were a direct cause of the victim’s death. In addition, the plaintiff must also prove that there are legal beneficiaries who are entitled to compensation as a result of the victim’s death.

Q: What Is the Survival Action Statute in North Carolina?

A: Since a deceased individual is unable to defend themselves, survival action claims are filed by the victim’s estate on their behalf. These claims can be filed if there was a time period between when the victim was injured and when they ultimately passed away as a result of their injuries.

Damages for survival action claims often include medical expenses incurred, loss of income, and any pain and suffering endured by the victim from the time of the injury up until they perished.

Q: How Are Wrongful Death Settlements Calculated?

A: There are many factors carefully considered when calculating the total settlement amount in a given wrongful death case. Such factors often include the overall circumstances of the accident that resulted in the victim’s death, the victim’s age and future earning potential, pain and suffering endured by the victim, their character, and non-financial contributions made are all taken into account by a judge when deciding on a fair settlement amount.

Now that you have a more comprehensive understanding of what an experienced wrongful death lawyer can do for your case, the various components involved in wrongful death claims, how compensation is calculated in court, and the statute of limitations for wrongful death claims in Marion, North Carolina, you can begin your case with confidence. Consult with a skilled wrongful death lawyer to help navigate you through the complex legal waters as you undergo the grieving process in your own time.

Law Office of Lyndon R. Helton, PLLC: Your Marion, North Carolina, Wrongful Death Lawyer & Law Firm

With more than 23 years of experience representing individuals throughout his native state of North Carolina as a prosecutor, public defender, and defense lawyer for insurance companies, our attorney at Law Office of Lyndon R. Helton, PLLC, can apply his direct knowledge of how both sides of the courtroom operate when it comes to personal injury, wrongful death, and workers’ compensation cases to your benefit as we fight for justice.

Law Office of Lyndon R. Helton, PLLC, has decades of experience representing clients in Marion and throughout North Carolina in a wide range of civil cases, including a variety of personal injury and wrongful death claims. We understand the devastation and uncertainty that these incidents bring and the challenges that victims and their families face in the wake of these circumstances.

Our primary goal is always to serve you by clearly laying out your options for legal recourse in order to maximize your recovery to the fullest extent of the law. Contact our team today and schedule a consultation with a Marion wrongful death attorney whom you can trust with your case.