Losing someone you care about is always painful. However, when your family member’s death was the result of someone else’s negligence, you have the right to hold the negligent party responsible for their wrongdoing.
A wrongful death claim can help you recover any financial losses you incurred as a result of their accident and death. You might also be entitled to compensation for the emotional pain you have endured as a result of their death.
Our wrongful death lawyers at Tien Law Firm are here to help. We know how painful it is to lose a loved one unexpectedly, and we want to help get you the compensation you deserve. We do not take any upfront payment. We work on a contingency fee basis, which means we are only paid if your case results in a settlement.
To learn how a Durham wrongful death lawyer might be able to help you, contact Tien Law Firm today at (919) 348-7727.
Examples of Wrongful Death Cases
There are many types of accidents that can lead to the wrongful death of a loved one. They include:
- Vehicular manslaughter
- Drunk driver cases
- Reckless or aggressive driving
- Bicycle and pedestrian accidents
- Travel industry accidents
- Assault and battery deaths
- Homicide
- Drowning deaths
Automobile Accidents
There were 1,369 deaths due to crashes in North Carolina in 2019, according to the North Carolina Division of Motor Vehicles. A wide variety of circumstances can lead to motor vehicle accidents, including distracted driving from cell phone use and other factors, drugs and alcohol, and speeding. Driver fatigue is another major cause of accidents. The Center for Disease Control and Prevention (CDC) notes that drowsy drivers are less able to focus on the road, have a slower reaction time, and are more prone to making bad decisions.
Premises Liability
Premises liability is where a property owner or manager is responsible for maintaining a property that is safe for anyone who legally enters the property. They are expected to take any precautions that a reasonable person would take to ensure everyone’s safety.
However, sometimes the property owner is negligent and does not keep the property safe. Slip, trip, and fall accidents are commonly the basis of premises liability cases, all accidents that are a common cause of traumatic brain injuries and even death.
Workplace Accidents and Illnesses
According to the National Safety Council, the three most common types of workplace injury events are overexertion, contact with equipment and objects, or slips, trips, and falls. Contact with equipment includes events like being caught in between objects or crushed by a collapsing structure, and, as discussed above, slip and fall accidents often lead to traumatic brain injuries, a leading cause of death in the U.S.
Pedestrian Accidents
According to the North Carolina Division of Motor Vehicles, over 231 pedestrian fatalities occurred in North Carolina in 2019 alone. These accidents are often the result of a negligent driver who is committing some type of traffic infraction.
Product Liability
Product liability is when a manufacturer or any other party in the distribution and logistics chain is responsible for injuries that a product causes. These products could be anything from toys to fireworks to prescription medication. The product could have a defect in its design or one that occurred in manufacturing. In some cases, it may be that the manufacturer failed to warn consumers about potential dangers or failed to provide instructions for how to use it properly.
These are just a few possible examples of accidents that could lead to wrongful death cases. If you lost someone you love because of someone else’s negligence, you have the right to hold the party or parties responsible for your losses. Contact Tien Law Firm today at (919) 348-7727 for a free case review.
For a free legal consultation with a Durham wrongful death lawyer, call 919-348-7727
North Carolina Wrongful Death Claims
North Carolina Code § 28A-18-2 defines wrongful death as a death caused by a wrongful act that, had the victim lived, he or she would have had a personal injury claim against the responsible party.
The purpose of a wrongful death action is not to simply seek compensation for the loss of your loved one’s life. No amount of monetary damages can make up for your loss and suffering. A wrongful death action can, however, hold the responsible party accountable, deter similar harmful conduct in the future, and obtain necessary funds to pay medical bills, funeral expenses, and help make up for lost wages and benefits provided by your deceased loved one.
Pursing justice for your loved one can help ease your grief during such a difficult time. One of our compassionate Durham wrongful death attorneys can examine the facts of your case and walk you through the process of deciding whether filing a wrongful death claim is the right course of action for your family.
How the North Carolina Statute of Limitations Can Impact Your Claim
In North Carolina, there is a two-year statute of limitations for wrongful death claims where the cause of death was another party’s negligence, according to North Carolina General Statutes. That means you must file your wrongful death claim within two years of the victim’s death to recover compensation for your losses. If you fail to do so, you are typically barred from recovering compensation, although there are a few exceptions.
A wrongful death lawyer can help examine the details of your case and explain how the statute of limitations could impact your claim, specifically.
Recoverable Damages After a Durham Wrongful Death Claim
Some possible damages that a family can recover during a wrongful death claim include:
- Pain and suffering
- Funeral and burial costs
- Loss of consortium
- Loss of support and protection
- Wages and benefits previously provided by the deceased
- Lost wages from time away from work taking care of the deceased before death
- Out-of-pocket costs incurred as a result of the accident or victim’s death
- Medical costs left to the family to pay
How a Durham Wrongful Death Lawyer Can Help
Wrongful death cases can be complex, involve parallel proceedings, and multiple parties. A Durham wrongful death lawyer can investigate the details of your loved one’s death and gather evidence to build a case pursuing compensation to the fullest extent allowed by law. A wrongful death attorney can help calculate the full value of your wrongful death claim, including the non-economic costs like pain and suffering. Finally, they can negotiate with the insurance company to pursue a fair settlement for your case. If one cannot be reached, a wrongful death attorney can fight for your rights at trial. While no legal remedy can bring back your loved one, our compassionate wrongful death attorneys can fight to seek justice on his or her behalf. Consulting a personal injury attorney who handles wrongful death claims is the first step you can take to try to hold the negligent party accountable.
For a free review of your Durham wrongful death claim, contact Tien Law Firm today at (919) 348-7727.