Injuries / Wrongful Death Print this page
The lawyers of Erwin and Eleazer, P.A. work closely with
the families of wrongful death victims through every stage
of the legal process. We represent dependents and
beneficiaries in lawsuits against the negligent party
responsible for the death of their loved one.
A wrongful death claim is part of the “personal injury”
family of torts. Typically, wrongful death suits involve
vehicular accidents (aviation, automobile, ATV, motorcycle,
or railroad), defective products, medical malpractice,
pharmaceutical liability, and a number of other situations.
When someone dies because of the negligence or misdeeds of
another person, corporation or entity, that is considered
“wrongful death.”
In the state of North Carolina, an important difference
between wrongful death cases and other negligence cases is
that the statute of limitations in wrongful death cases is
only two years. It is therefore critical that you contact a
lawyer as soon as possible if you think you may have a
wrongful death claim.
In a non-fatal personal injury case, a statute of
limitations usually begins when the injury occurs. In a
wrongful death case, the statute of limitations typically
starts at the time of death. There are some situations where
the statute of limitations may be extended based on
circumstance. For example, in some cases, the statute of
limitations in a wrongful death case may begin at the time
the negligence or wrongful action was discovered.
North Carolina’s wrongful death statutes allow the aggrieved
dependants and beneficiaries to seek compensation for both
economic and non-economic damages. Economic damages are the
out-of-pocket expenses incurred as a result of the wrongful
death. The plaintiff has the right to seek compensation for
medical expenses, loss of income, funeral expenses, and
other out-of-pocket costs. Non-economic damages are related
to the pain and suffering of survivors -- for example, loss
of consortium, emotional suffering, and the like.
Erwin and Eleazer, P.A. is prepared to litigate your
wrongful death claim in local, state and/or federal courts.
Our primary goal is to help you get financial relief, and
deter the defendant from inflicting further harm to others.
In wrongful death cases, negligence must be proven. In order
to do that, four critical components of negligence must
exist in your claim:
- The defendant had a duty to the deceased;
- The defendant failed in that duty (breach of duty);
- That the fatality was caused by the defendant’s breach of
duty; and
- That the survivors are entitled to damages as a result of
the loss of their loved one.
In addition to establishing negligence, the joint life
expectancy of the deceased and the survivor or beneficiary
must be presented (to establish the loss of future earnings)
and the relationship of the survivor and deceased must also
be shown. Finally, effective presentation of the
non-economical or emotional loss suffered by the survivor is
critical to a fair award of damages.
It is important to choose a law firm experienced in
aggressively pursuing wrongful death claims to the maximum
benefit of their clients. Erwin and Eleazer, P.A. is
committed to providing proactive legal advice and
representation.
Contact our North Carolina wrongful death lawyers today. At
Erwin and Eleazer, P.A., we know the rights and protections
that are built into personal injury law. Contact us
today or call 704-369-7900.
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