Waynesville, NC Wrongful Death Lawyer

Waynesville, NC Wrongful Death Attorney

Few events in your life can be as tragic as dealing with a wrongful death. A wrongful death occurs when a loved one is killed as a result of someone else’s negligent or malicious behavior. In the wake of such a tragedy, the victim’s loved ones have the opportunity to bring a wrongful death claim against the responsible party to fight for justice. If you have lost a loved one to wrongful death in Waynesville, contact a Waynesville, NC wrongful death lawyer immediately.

It can be daunting and overwhelming to face such situations like these on your own, which is why an experienced wrongful death lawyer can be an imperative resource. Having someone on your side who understands what you are going through and is willing to offer legal support can only help you in the long run.

Understanding Wrongful Death in North Carolina

No amount of money can ever rectify the death of a loved one, especially a death that was so avoidable. A wrongful death claim comes about when someone’s wrongful actions, blatant negligence, or inactions cause the death of another person. Had the victim lived, it is reasonable to assume they would have brought a personal injury claim against the party responsible for causing their injuries. Since they are unable to do that, their family can opt to do it for them.

In this sense, a wrongful death claim is a personal injury claim pursued by the victim’s loved ones on behalf of the victim. Wrongful death is handled in civil court, not criminal. The goal is not to send somebody to prison for murder or manslaughter. The goal is to hold someone financially responsible for your loved one’s death and make them pay you compensatory damages.

It is important to note that should you wish to pursue legal action against the party responsible for causing the wrongful death, the statute of limitations for such a claim in North Carolina is two years, with few exceptions. Generally, you will have two years to establish your case, develop your claim, gather the evidence you need, speak with a lawyer, and file a claim for compensatory damages. If you are unable to file before two years have passed, that might be it.

If you cannot bring your wrongful death claim before the court within two years, there is a decent chance that your case will be thrown out, and your opportunity to pursue damages will pass by. Building a strong wrongful death case may not be easy, and it will likely take some time, so it is important that you start developing your case as early as you possibly can.

Proving Negligence in a Wrongful Death Case

It can sometimes be difficult to prove who was at fault in a wrongful death case. Sometimes, negligent behavior is painfully obvious, and the case may be easier than you expect. Other times, it can be hard to obtain direct, hard evidence that proves someone’s involvement in the death. To prove that a wrongful death has taken place, the plaintiff has to establish negligence to a certain degree. Here are some of the crucial elements of negligence you may have to prove:

• The defendant was exhibiting negligent behavior through their actions at the time.
• That negligent behavior directly led to the victim’s wrongful death.
• The outcome of this event was obvious, and the victim would not have died if the defendant had exhibited different actions.

FAQs

Who Gets the Money in a Wrongful Death Claim in North Carolina?

Generally, the money from a wrongful death claim in North Carolina is given to the surviving next of kin. Distribution of funds tends to follow the state’s succession laws, which means that the money first goes to the victim’s surviving spouse. If there is no spouse, the money goes to the victim’s children. If there are no children, it may go to the victim’s siblings or parents. It depends on the case at hand.

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

In North Carolina, you have two years to file a wrongful death claim and pursue compensatory damages from the negligent party. If you are unable to develop your case, gather evidence, speak with a lawyer, and file a claim before two years have passed, there is a decent chance that your case will be dismissed, and you will no longer be able to seek compensation. Building a case can take time, so you should start as soon as you’re able.

Who Is Allowed to File a Wrongful Death Claim in North Carolina?

In North Carolina, only the appointed representative of the deceased’s estate can file a wrongful death claim and attempt to pursue compensatory damages. Generally, this representative is the victim’s surviving spouse, parent, or child. Sometimes, it could be a family friend specifically named in the will. It depends entirely on the case. If you wish to pursue a wrongful death claim, you should speak with an experienced lawyer who can help you.

Is Wrongful Death the Same as Negligence?

No, wrongful death is not the same as negligence, though negligence does play a significant part in most wrongful death claims. Negligence is the failure to exercise a reasonable amount of care that results in serious injury to another person or their death. A wrongful death is the worst-case scenario result of someone’s negligent behavior. To pursue a wrongful death claim in Waynesville, NC, you will have to prove that negligence took place to cause it.

Reach Out to Our Experienced Wrongful Death Lawyers

It can be infuriating and unfair to pursue a wrongful death case for somebody close to you. An experienced wrongful death lawyer can help you take charge of the case while you focus on grieving and healing. It may be important to you to have somebody on your side who can provide you with some peace of mind.

The legal team at Ganly & Ramer, P.L.L.C., can help you build up your case, gather the evidence you need, and make sure your interests are protected throughout proceedings. Contact us to schedule a consultation as soon as you can.