Asheville Wrongful Death Lawyer

Asheville Wrongful Death Attorney

A wrongful death occurs whenever one party’s actions result in fatal harm. These cases typically arise from situations that commonly lead to personal injury claims, but a wrongful death suit is a special type of personal injury claim that applies to cases in which victims do not survive their personal injuries. If you have lost a loved one due to another party’s actions, an Asheville wrongful death lawyer can help you seek accountability.

Nothing is going to ever completely fill the void left when a loved one has been lost in a deadly car accident or some other type of accident. But that does not mean that justice is beyond reach. While financial compensation may be of little comfort, it can help families that have lost significant income when they lost their loved one to maintain sufficient financial resources to continue to provide the necessary support.

Ganly & Ramer, P.L.L.C. has the experience, resources, and skills necessary to provide the legal representation you and your family need in the aftermath of a fatal injury that has taken the life of a loved one. We have successfully helped many families resolve these emotionally challenging cases and we are ready to apply this experience to your impending case.

Finding the Right Attorney for Your Asheville Wrongful Death Case

Considering that wrongful death claims have a two-year statute of limitations, and that evidence and testimony can become more difficult to secure as time goes on, it is imperative that you seek qualified legal counsel as soon as possible after an accident.

At Ganly & Ramer, P.L.L.C., our Asheville wrongful death attorney brings more than 35 years of experience with helping families that have lost loved ones in accidents to seek justice and secure the maximum compensation. We believe that our experience makes a crucial difference in the quality of representation that we are able to offer our clients.

Real Results, Compassionate Representation

We are able to create real results for our clients. This is evident with our inclusion in the Million Dollar Advocates Forum. To be invited into this group, our attorneys earned verdicts or settlements in excess of $1,000,000 for multiple clients. The quality of our representation has also been recognized through the Martindale-Hubbell peer review rating system, where our attorney is AV Preeminent* rated, the highest available.

We understand the level of loss that is created by the death of a loved one, and we will provide our clients with the most respectful and effective representation available.

Building a Wrongful Death Suit in Asheville

A wrongful death claim is a type of personal injury claim, and as such, this type of case follows the same fundamental legal principles as a standard personal injury case. The plaintiff filing the wrongful death suit must accurately identify the defendant who caused the fatal injury in question, and then be able to prove how they caused it, as well as prove the full scope of the damages the defendant caused.

Wrongful deaths might occur in various ways. Some of the most common causes include motor vehicle accidents, workplace accidents, and intentional acts of violence. Your case may require proving that the defendant in question was negligent in a manner that resulted in your loved one’s death, or you may need to prove that they broke the law with their actions, in which case they are likely to face criminal charges alongside your family’s civil suit.

It is important to note that if the facts of your case show that the victim was partially responsible for causing the fatal accident in question, this will nullify your ability to claim compensation from any other liable party under North Carolina’s pure contributory negligence law. If a plaintiff in any civil case is found to have partially caused their claimed damages, this law states that they are personally responsible for those damages and cannot seek compensation from anyone else.

Collecting Compensation for Wrongful Death in Asheville

While a personal injury claim seeks to compensate the injured victim for their losses, a wrongful death claim intends to compensate the surviving family members. It’s possible for them to recover compensation for their immediate and future economic losses related to the death, such as funeral and burial expenses, the cost of the victim’s final healthcare expenses, and the financial support the victim can no longer provide to their family.

The plaintiff in a wrongful death suit also has the right to seek compensation for their pain and suffering. North Carolina only limits this aspect of recovery in certain types of cases, and there is no set formula that a plaintiff must use to determine how much pain and suffering compensation they can pursue from the at-fault party. Your attorney can help you explore all channels of recovery and maximize your case award.

Ganly & Ramer, P.L.L.C. will work closely with our client to help them uncover all the various avenues of compensation available to them, how to accurately assess future financial losses related to the death and explain what they can expect as their wrongful death case unfolds. If you believe you have grounds to initiate a case of this nature, it is vital that you connect with an experienced Asheville wrongful death lawyer as soon as possible.

FAQs

Q: How Long Do You Have to File a Wrongful Death Claim in North Carolina?

A: You have two years to file a wrongful death claim in North Carolina, meaning the plaintiff has this time period starting from the date of the death in question to file their claim against the defendant who caused the death. While this may sound like a long time, it can take quite a while to compile all of the evidence needed to build a cohesive and effective civil suit, so it is important to start building your case as soon as possible.

Q: Who Collects the Proceeds From a Wrongful Death Claim in Asheville?

A: The surviving family of the victim will collect the proceeds from a wrongful death claim in Asheville. North Carolina uses the intestate succession law to determine how the proceeds will be distributed after a wrongful death suit, meaning the victim’s closest surviving family will receive the largest shares. If the deceased had an estate plan in place, their estate plan could have some bearing on how the proceeds of the suit will be distributed to their beneficiaries.

Q: What Is My Wrongful Death Claim Worth in Asheville?

A: The potential value of your wrongful death claim in Asheville will depend on multiple variables. Your Asheville wrongful death lawyer can help you accurately calculate the total economic damages you can seek from the defendant who caused the death, and they will also assist your family in maximizing the compensation you obtain for pain and suffering.

Q: Can I File a Wrongful Death Claim for a Fatal Work Accident?

A: You may be able to file a wrongful death claim in response to a loved one’s fatal work accident under certain conditions. North Carolina law requires almost every employer to have workers’ compensation insurance, and this insurance can provide death benefits to grieving families under certain circumstances. Furthermore, if a certain individual directly caused the incident, the family could have grounds to file a wrongful death suit.

Q: What Are Attorneys’ Fees for an Asheville Wrongful Death Lawyer?

A: Attorneys’ fees for an Asheville wrongful death lawyer may not be as expensive as you might assume. Ganly & Ramer, P.L.L.C. offer contingency fee billing for most personal injury cases, meaning our firm only takes a percentage of whatever compensation we are able to obtain for our client, and we only collect this contingency fee after winning their case. There are no upfront fees and no fees at all if we are unable to obtain a recovery for our client.

Contact Us Today

When you have lost a loved one to some sort of accident, we can help you pursue justice and the maximum compensation. At Ganly & Ramer, P.L.L.C., we are there for you. Call 828-844-5274 or simply contact us online to schedule your free initial consultation with one of our experienced personal injury lawyers.