When we need support, we turn to the people we love. They give us the care and companionship that we need. When an accident takes a loved one away, it can uproot our lives and leave us without any clear path forward. Wrongful death can leave us searching for answers at a difficult time.
At The Law Offices of John Drew Warlick, P.A., we understand how painful and infuriating it can be to lose someone in an accident that could have been prevented. For three generations, our compassionate Jacksonville, N.C., wrongful death lawyers have been helping our friends and neighbors seek justice after devastating losses. We are committed to demanding answers and full compensation for families after fatal accidents in Jacksonville, Onslow County, and the surrounding areas.
Contact us to learn more about how we can help after a wrongful death. For a free and confidential consultation, call us or contact us online today.
What Is Considered a Wrongful Death in North Carolina?
The legal definition of wrongful death in North Carolina is when someone else’s actions or neglect causes a person’s death. This could be an action such as someone causing a traffic accident that results in death. Another example could be a situation where staff in a nursing home or hospital fail to give adequate medical care to a resident or patient. If you believe someone else’s careless, reckless, negligent, or intentional actions lead to your loved one’s death, you should speak with an attorney from our firm to learn about your legal rights.
Who Can File a Wrongful Death Lawsuit in North Carolina?
Under the North Carolina wrongful death statute, only the overseer of a deceased person’s estate can bring a wrongful death case. When someone passes away with a will, the person named as the executor would be able to bring a wrongful death lawsuit. If there’s no will, the administrator of the estate can file a wrongful death case. The damages obtained through a wrongful death claim would go to the estate and surviving family members.
Compensation in a North Carolina Wrongful Death Claim
There’s no replacing someone whose life was lost in an accident that could have been prevented. But wrongful death compensation can help family members find the support and care they need. Types of compensation that you can seek in a wrongful death claim may include:
- The loss of the companionship, care, and support the deceased provided. When we lose a loved one, we lose so much that we relied on. In North Carolina, you may seek compensation for the advice, comfort, and care that your loved one provided.
- Loss of income. Many times, those left behind relied on their loved one’s income. As part of a wrongful death claim, you may pursue compensation for the loss of this income.
- The cost of medical care the person needed before passing away. Some people may need extensive medical care and support before they pass away. This can leave behind a mountain of medical bills for families. A wrongful death claim may seek compensation for these costs.
- Funeral costs and burial expenses. A funeral can be an important way for those left behind to honor someone they loved. As part of a wrongful death case, you may seek compensation for the deceased’s final costs.
- Compensation for any pain and suffering the person experienced before passing. Before someone passes away, they may experience pain and suffering because of their injuries. As part of a claim, you may seek compensation for this.
- Punitive damages may also be available when the conduct that led to someone’s death was particularly willful or malicious. Punitive damages are intended to punish the at-fault party for their behavior.
If you have questions about what compensation your family may be entitled to, contact a wrongful death law firm in Onslow County today.