Seeking Compensation on Behalf of Surviving Family Members
Dealing with the death of a loved one is always a difficult experience. When your family member’s death was due to someone else’s negligence, grieving loved ones can be even more uncertain about the future and how to proceed. These types of accidents can leave surviving family members with medical bills, funeral costs, and other expenses to pay. If you are looking to recover compensation and seek justice for your loved one, working with a personal injury attorney is the best way to do so.
Our attorneys at Rowland & Yauger, Attorneys & Counselors at Law, understand just how traumatizing this experience can be, and we are dedicated to fighting for you and your family. We know that receiving financial compensation won’t bring your loved one back, but it can bring you and your family members a sense of peace. If you need assistance pursuing a wrongful death case in North Carolina, contact our law firm today by calling 910-621-2991 (Carthage) or 336-537-5547 (Asheboro).
Who Can File a Wrongful Death Lawsuit?
Surviving family members can receive compensation for the death of their loved one. However, the actual lawsuit must be filed by the personal representative of your loved one’s estate.
If your loved one had a will before they passed, their personal representative will typically be noted in the will. The executor of the will can serve as the personal representative in a wrongful death suit. If your loved one died without a will, meaning they died “intestate,” the court will appoint a personal representative for them.
Your loved one’s surviving spouse, adult children, or parents may be called upon to serve as a personal representative. Any compensation that is awarded from the lawsuit will be given to the estate and disbursed among various heirs and creditors.
What Evidence Do You Need in a Wrongful Death Case?
Receiving compensation in a wrongful death lawsuit depends on whether you can prove your loved one passed away because of someone else’s negligent actions. Assigning fault is integral in wrongful death cases, and an attorney on our team can help you gather the evidence to do so.
You can use the following evidence in most wrongful death cases:
- Your loved one’s medical records. These may show evidence of injuries that contributed to their death or medical malpractice.
- Your loved one’s death certificate. Most death certificates list the date, time, and cause of death.
- Physical evidence from the accident. This can include photos, videos, and witness statements from the time of the incident.
- Police and autopsy reports. These reports may provide further evidence of your loved one’s cause of death.
- Pay stubs and tax returns. This financial evidence helps calculate the financial loss your family has suffered because of your loved one’s death.
If your loved one has passed away, the liable parties owe you compensation. It can be difficult to gather evidence for a lawsuit when dealing with grief and other emotions. A lawyer on our team can help your family members seek justice while you focus on being there for each other.
What Are the Most Common Causes of Wrongful Death?
Accidents that cause fatal injuries can happen for a variety of reasons. In most cases, another person’s negligence causes the accident and leaves family members grieving for their loved one.
The most common causes of wrongful death include:
- Car accidents
- Motorcycle accidents
- Truck accidents
- Medical malpractice
- Workplace accidents
- Birth injuries
- Dangerous or defective products
- Nursing home abuse
- Construction accidents
- Dangerous premises
If a party’s negligent actions or lack of action caused your loved one to pass away, you deserve compensation. Seeking a lawsuit with help from a wrongful death attorney can also help protect future individuals from being hurt in the same situation. Contact our personal injury lawyers for more information.
What Kind of Compensation Can You Receive in a Wrongful Death Claim?
You can receive many types of damages in a wrongful death settlement. Generally, any expenses you or your loved ones had to pay because of your family member’s accident can be recovered.
Many individuals claim the following damages:
- Medical bills related to your loved one’s injuries before they passed
- Burial or funeral expenses for your loved one
- The value of any financial benefits your loved one provided, including pension plans or medical insurance
- The value of your loved one’s expected future earnings
- The pain and suffering your loved one endured
- The value of any inheritance you could have received
- The value of the goods, services, and familial support your loved one could have provided in the future
- The loss of your loved one’s companionship
- The loss of your loved one’s protection, care, advice, nurturing, or training
- Punitive damages, which may be awarded if the liable party is found to have acted in an extremely negligent way
How Can a Wrongful Death Attorney Help Me?
Grieving the death of a loved one is never easy, especially if your loved one passed away because of someone else’s negligence. Our wrongful death lawyers can help you seek justice and recover compensation to help with funeral expenses, burial costs, and more.
At Rowland & Yauger, Attorneys & Counselors at Law, we are committed to making the legal process easy for you to focus on your family members. We understand that recovering compensation won’t bring your loved one back, but it can help you and your family seek justice for a negligent accident that took the life of an innocent person.
Please don’t feel like you must navigate this difficult situation on your own. Contact our personal injury lawyers today at 910-621-2991 (Carthage) or 336-537-5547 (Asheboro).