Greensboro Wrongful Death Lawyer

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Greensboro Wrongful Death Lawyer

woman being empathetic hug

The death of a loved one is not something anyone wishes to contemplate. A family’s grief is even greater when the cause of death stems from another’s wrongdoing – such as recklessness, negligence, or even willful misconduct.

At Ward Black Law, we understand the profound impact an unforeseen, unjust loss can have on the surviving family members. During this time of grief, the family often has trouble handling the legal burden of a wrongful death claim.

The experienced Greensboro wrongful death attorneys at Ward Black Law can help put the family at ease. We work tirelessly for our clients all across North Carolina to ensure that our clients and families are able to spend more time coping with their emotional trauma and grief – and less time worrying about complicated, often frustrating legal work.

If you and your family have lost family members due to someone else’s wrongful acts or omissions, contact Ward Black Law today. One of our wrongful death attorneys will help you understand your legal rights and options at no charge, and you will learn how our firm can help your relatives pursue the compensation and justice you deserve. We handle wrongful death cases in Greensboro and throughout North Carolina.

Who Can File a Wrongful Death Lawsuit in NC?

North Carolina’s wrongful death statute provides the legal beneficiaries of a deceased person with a way to avoid the often devastating financial consequences of a loved one’s death. A legal representative of the deceased person’s estate must be the one to file a wrongful death claim. The claim is against the party that caused the victim’s death.

The legal representative is usually the executor of the deceased person’s estate, as named in the will. If the named executor declines to serve or if the deceased person did not have a will, the court will appoint a personal representative to represent the deceased person’s estate. That party is called an administrator. Courts typically appoint a close family member, such as a spouse, an adult child, or a parent, to serve in that role.

How a Greensboro Wrongful Death Attorney Can Help You

When your family has lost a loved one due to someone’s wrongful actions, a Greensboro wrongful death lawyer from Ward Black Law can help. The attorney can pursue financial recovery and justice for the family.

Our attorneys can assist your case by:

  • Investigating the circumstances of your loved one’s death and recovering evidence that can be later used in a wrongful death claim
  • Identifying the parties at fault for your loved one’s passing
  • Collaborating with medical professionals and expert witnesses to prepare reports and testimony that show how your loved one died and why the other party bears responsibility for your loved one’s passing. Experts can also show the extent of financial losses in your family.
  • Filing claims for compensation with at-fault parties and their insurance companies
  • Negotiating for a settlement that can give you and your surviving family members the financial compensation, justice, and resolution that you need and deserve
  • Preparing to take your claim to court, if it becomes necessary, and advocating for a judgment in your family’s favor

Demanding Full Compensation for a Wrongful Death

After your family has lost a loved one to wrongful death, your loved one’s estate and your family may be entitled to compensation for damages incurred due to the wrongful death. The damages might include:

  • Medical expenses incurred to treat your loved one’s final illness or injury
  • Lost present and future income due to your relative’s death
  • Conscious pain and suffering endured by your loved one prior to death
  • Funeral and burial expenses
  • Loss of your loved one’s services, protection, and assistance to the next-of-kin
  • Loss of your loved one’s companionship, society, guidance, and advice to the next-of-kin

When your loved one’s passing is caused by conduct that is considered egregious, you and your surviving family members may also be awarded punitive damages. These damages are intended to punish the wrongdoer for that behavior and to deter others from engaging in similar conduct.

Any settlement or jury award in a wrongful death lawsuit is distributed to the heirs of the deceased individual, in accordance with the North Carolina Intestate Succession Act. Any monetary settlement is not generally considered an asset of the deceased person’s estate and is not generally subject to creditors’ claims. However, some awarded funds may be used for funeral costs and medical expenses.

One of the first questions many people ask in a case review is how much the lawyer’s fees will be in a wrongful death case. At Ward Black Law, we work on a contingency basis. That means you pay no money upfront, and our fee will be an agreed-upon percentage of your compensation.

Your wrongful death lawyer must establish that the defendant owed your loved one a duty of care but failed to uphold that responsibility. They must show that negligence on the defendant’s part led to the accident and your loved one’s death.

Your lawyer can prove negligence by putting together a case showing how the defendant’s actions or failure to act caused your loved one’s death. Your lawyer may use police reports, eyewitness testimony, photos, videos, your loved one’s medical records, and other evidence to build the case.

Filing a wrongful death case and going to court can be intimidating. However, most wrongful death claims settle before trial. Among the reasons that many wrongful death cases are settled out of court is that trials are costly and can be lengthy and risky. However, you should work with a lawyer who is prepared to go to trial if that is the best option for pursuing maximum compensation in your situation.

The maximum compensation in your wrongful death case sometimes depends on who pays in a wrongful death suit. For example, your award may be limited to the amount of the responsible party’s insurance policy limits.

In general, you could be entitled to money for:

  • Medical bills the deceased incurred as a result of the accident
  • Burial and funeral expenses
  • Loss of income for the family
  • Loss of pension or retirement savings
  • Loss of inheritance
  • Loss of companionship and consortium
  • The deceased person’s pain and suffering

One of the first questions to ask a wrongful-death attorney is, “How does a wrongful death lawsuit work?” Although each situation is different, you can expect the process to go something like this:

  • Investigate the incident and gather evidence
  • Determine who was at fault for the accident that caused the death
  • File a lawsuit within two years of the date of death in compliance with North Carolina’s statute of limitations
  • Complete all necessary court filings and other documentation
  • Negotiate for a settlement with the at-fault party and their insurers
  • Litigate the case in court if no settlement can be reached

Yes. If your loved one was eligible to file a personal injury suit or was in the process of suing for compensation after an accident caused by someone else’s wrongdoing and died from accident-related complications, the executor of the estate may file a civil action on behalf of your deceased loved one.