Unexpected deaths are a trial all on their own. Deaths that you believe may be the result of another party’s negligent or reckless behavior sting in a way that cannot be described. These wrongful deaths often leave families ripped apart and feeling like they have nowhere to turn.
Thankfully, this is not the case. North Carolina General Statutes (GS) §28A-18-2 elaborates on the state’s understanding of wrongful death as caused by another person, highlighting the acts that can lead to wrongful death and the responsibilities one party owes another to prevent wrongful death. This statute also lists the damages a person may be able to recover if they suffer the wrongful death of a loved one, including medical care, pain and suffering, and funeral expenses.
If your loved one was wrongfully killed due to someone else’s negligence, a Durham wrongful death lawyer may be able to help you pursue compensation. The team at Ben Crump Law, PLLC can walk beside you as you grieve, offering you legal counsel and representation in court. Contact us today at (800) 593-3443 to begin building your case.
Causes of Wrongful Death
No two wrongful death cases are alike, but the common element is that someone’s negligence or intentional harm caused another person’s death.
There are many different circumstances that can cause wrongful death, including:
- Automobile accidents, including vehicles that strike cyclists or pedestrians
- Medical malpractice, including anesthesia errors, surgical errors, and misdiagnosis
- Defective products and/or failure to warn about the associated risk of products
Another common cause for older Americans is slip and fall accidents, which may lead to head and spine injuries. According to the Centers for Disease Control and Prevention (CDC), slip and fall accidents are the leading cause of death from injury for adults age 65 and older.
For a free legal consultation with a wrongful death lawyer serving Durham, call 800-593-3443
Representation as You Choose
If you choose to pursue compensation for your losses, you do not have to take your fight directly to court. Instead, you can work with a Durham wrongful death lawyer to draft a demand letter. In this letter, you can identify the party you believe to be liable for your loss and outline the compensation you may be entitled to. If the recipient of your letter recognizes that responsibility, a Durham wrongful death lawyer can negotiate for a settlement on your behalf.
On the other hand, the party you believe to be liable for your losses may choose to reach out with a settlement offer after the loss of your loved one. You do not have to accept any sort of settlement without consulting with a legal representative. In fact, initial settlement offers are often too low, and seeking legal advice before accepting is highly recommended.
A Durham wrongful death lawyer can calculate your losses and help determine what your potential compensation would be if you take your case to court. If the proposed settlement offer appears to be insufficient, your lawyer can once again negotiate on your behalf.
Filing a Wrongful Death Complaint
If the party that you believe to be liable for your losses refuses to acknowledge their duty of care or the affiliated violation, it may be in your best interest to file a complaint instead of drafting a demand letter. In your complaint to the court, you can identify the liable party while providing evidence of that liability via duty of care. You can also provide the calculations of your losses and what types of compensation you may be entitled to.
For wrongful death cases, your avenues of compensation may be both economic and non-economic in nature. Economic damages, as the name suggests, have a definitive dollar value attached to them. These types of damages may include:
- Funeral costs, including burial or cremation
- Any medical care provided to the deceased that was related to their injuries
- Lost wages
- Lost opportunity for employment
Non-economic damages do not have a specific monetary value. These types of damages can include wrongful death itself, as well as pain and suffering, loss of companionship, and more.
Punitive damages should not be included in your complaint but may be applied by the jury or the court in cases when the wrongful death is particularly egregious.
Managing Communications on Your Behalf
One benefit of filing a civil complaint is that you put the responsibility for contacting the potentially liable party onto the court if the court chooses to bring your case forward. should that court wish to bring your case forward. This allows you to avoid any personal attacks, threats, or unprofessional behavior that may compromise your mental health as you try to recover from your experience. In a similar vein, it also means that neither you nor your family members will have to take on any legal responsibility for the behavior of the potentially liable party. If they refuse to appear before the court, their consequences will be up to the judge. Contact Ben Crump Law, PLLC today to learn more.
Durham Wrongful Death Lawyer Near Me 800-593-3443
A Durham Wrongful Death Lawyer Can Fight for You
Even under normal circumstances, dealing with an unexpected death can stretch your mental, physical, and sometimes financial capacities to their breaking point. Trying to go through the grieving process while knowing that another person may be responsible for your loss is an even more challenging beast to wrestle with.
The good news is that you do not have to worry about upfront costs or out-of-pocket fees for your wrongful death case. The Durham wrongful death lawyers with Ben Crump Law, PLLC work on a contingency basis, which means you do not pay for our services unless we are able to secure a monetary award for you. Working together, we can bring your complaint to court or reach out to the liable party to pursue the compensation you deserve.
To learn more, call Ben Crump Law, PLLC today at (800) 593-3443 for a free consultation.