Jacksonville Wrongful Death Lawyer
Wrongful Death Attorneys in Jacksonville
Losing someone close to you that you loved dearly because of someone’s bad acts or recklessness is a stressful, emotional and painful time in your life. We don’t pretend to understand the extent of your situation but here at the Carolina law group we strive to relieve as much of your stress as possible.
Wrongful death attorneys can help you through this tragic time by assessing the negligence and carelessness involved in the loss of your loved one.
What is wrongful death? In Jacksonville, North Carolina, wrongful death is any death caused by negligence or wrongdoings of another party. Although that seems intuitive, the law in general. The reason that the laws are so general is to provide grieving families the opportunity to file wrongful death allegations in Jacksonville, North Carolina.
Many wrongful death attorneys can help you better understand how the law applies to your situation. Often in Jacksonville, North Carolina, wrongful death attorneys are sensitive to your situation and understand that you and your family are grieving.
Calling one of our wrongful death attorneys will allow you to explain the details to a legal professional to see if you can file a wrongful death lawsuit. Usually, families file a wrongful death lawsuit to obtain a bit of financial compensation.
Although there is no value on the life lost, financial compensation can help the grieving family with the monetary strain, so many families face during the grieving period. You can speak with one of our wrongful death attorneys to find out if your financial strain qualifies for compensation as part of a wrongful death lawsuit.
If your family is struggling through this already difficult time, consider filing a wrongful death claim through the civil court system. This claim is a separate lawsuit from the criminal charges the other party is likely facing already.
Wrongful Death Details and Specifics
Jacksonville, North Carolina, is a hot spot for negligent driving and many other deaths which classify as wrongful. Many wrongful death attorneys in Jacksonville, North Carolina, are very aware of the delicate nature of these claims and the events surrounding these allegations.
People often use the civil court system for wrongful death lawsuits to justice where the criminal courts failed. Because many actions that result in wrongful death don’t have extensive criminal consequences, families are often left feeling that there was no justice. It’s also proven that when the family takes action, the accused is less likely to perform the same actions that led to this death again.
Actions such as drunk driving, texting, and driving, failing to have proper safety measures in place are all negligent acts that often result in wrongful death. But those who were drunk behind the wheel or who chose not to bring their property into proper safety standard walk away with minimal or even no jail time.
While this person walks free or serves less than five years in jail, the family is left with the scar of a lost loved one. That doesn’t go away.
Find justice for your family by consulting one of the wrongful death attorneys at The Carolina Law Group. They can help you throughout a civil lawsuit and can ease some of the financial burdens your family experienced because of the unexpected death. The compensation, if you obtain a favorable outcome of the civil case, starts by calculating monetary damages. Damages include:
- Medical bills (special circumstances)
- Funeral expenses
- Lost source of income
- Lost anticipated benefits
- Punitive damages
Although punitive damages don’t have a distinct value associated with them, the other damages listed here are calculated based on receipts, paychecks, and company contracts. The Carolina Law Group can work with your family to establish a reasonable amount sought for compensation based on monetary damages.
Common Causes of Wrongful Death
Nearly anything can cause wrongful death. But, at the Carolina Law Group, our wrongful death attorneys see a variety of wrongful death causes including:
- Sports and recreation fatalities
- Accidental death in the workplace
- Accidents on property that is a construction site
- Domestic violence
- Assault and battery
- Child neglect or abuse
- Caregiver negligence
- Incorrectly filling prescriptions
- Slip and fall deaths
- Vehicular manslaughter
- Drunk driving
- Medical malpractice
This list doesn’t include every possible scenario that would lead to wrongful death. However, many wrongful death attorneys can place your unique situation into one of these umbrella terms. By identifying the cause, the wrongful death attorneys can help identify whether the death was wrongful or not.
Typically, wrongful death attorneys in Jacksonville, North Carolina will use two important questions to identify if your situation counts as wrongful death. First, they will ask if the death was due to negligence on anyone’s behalf. Then secondly, they will ask if dangerous behavior aggravated the situation.
Dangerous behavior is what sets many cases apart and brings them into the realm of “wrongful death.” Think about the act of driving, we all know there is danger every time we drive our cars. But when a person engages in dangerous behavior such as texting and driving this aggravates the situation.
There are many times though that the negligent party is not an individual. Companies, hospitals, and employers are responsible for the wrongful death. Many wrongful death attorneys are familiar with charging employers, hospitals and companies in these types of lawsuits.
In Jacksonville, North Carolina, many people who just experienced a loss cannot take another heavy-duty task on while grieving. The burden of an additional lawsuit drives many families to avoid a wrongful death claim. Even families that were adamant about pressing charges before often abandon them when they learn the burden of proof falls on the accuser.
Wrongful death attorneys can establish the burden of proof, and help you find justice in the civil courts without further burdening the family. Whether they are attempting to prove that a company or an individual contributed to the death of your loved one, there is no extra work required of you.
Wrongful death attorneys encourage families who had a favorable ruling in a criminal trial to take their case to the civil court system as well. Although a guilty verdict in the criminal court system doesn’t guarantee a favorable ruling in the civil court system, it wrongful death attorneys can use this as a basis for a strong case.
What Compensation is Available for Wrongful Death Claims?
There are many options available for compensations claims when dealing with a wrongful death lawsuit. Many wrongful death lawyers can help you in identifying which options are available to you although the same options apply to most families.
Wrongful death lawyers use two categories to build a compensation claim. Claims combine both economic and non-economic categories. Economic claims surround expenses the household suffered directly because of the death.
Usually, unexpected deaths lead to several very expensive bills. Funeral expenses and burial costs are only two expenses families incur because of an untimely death. However, a wrongful death which had the victim hospitalized for any length of time prior to death can leave the family with overwhelming medical bills.
Another area of economic compensation is the loss of future income and benefits. As most adults are contributing some form of income to the household, these damages are ongoing. It may take years for a family to recover the income they lost because of the death. In Jacksonville, North Carolina, families can also recover non-economic damages.
Non-economic damages require a little more coordination with wrongful death attorneys as they don’t have a strict monetary value. These non-economic claims include emotional paint the family has suffered. Non-economic claims can also include loss of quality of life, loss of society, pain and suffering, loss of companionship, and loss of future life events.
If a family lost a parent who was the primary provider in the household, they could file a lawsuit seeking compensation for nearly every compensation category listed here. The courts are known for awarding compensation for lost life events. A father who will never get to walk his daughter down the aisle or a son who won’t have a mother on his graduation day are events that no one can fix.
Non-economic damages are also often called punitive damages. These damages don’t have a dollar amount you can assign to it which makes it difficult for any law office to anticipate what sort of compensation you might receive before the case proceeds throughout the legal process.
How are Damages Calculated?
In Jacksonville, North Carolina the court system may use a timetable to identify what the potential earning power of the deceased was, and scatter that across the expected lifespan. The victim’s earnings when their death happened and the remaining years to retirement are used in a formula to identify the loss of earnings.
A wrongful death lawyer will use this same strategy on benefits and pension plans to calculate the loss of future benefits.
What are Punitive Damages?
If available, punitive damages are meant to teach the defendant a lesson and prevent the instance from happening again. These damages are not a compensation amount that goes to the family. Instead, punitive damages go to the court.
If punitive damages do go towards the family at the charge of the court, it is usually within the criminal court system, not the civil courts. When might you see punitive damages in a civil court case?
A wrongful death attorney would likely put in a request for punitive damages if it is apparent that the criminal courts failed to carry justice on this defendant. While there are an overall texting and driving ban in North Carolina, the penalties for deaths caused by distracted driving are mild at best.
In instances of distracted driving, texting and driving, or failing to meet updated safety requirements on private property punitive damages are becoming very common.
Who Can File a Wrongful Death Claim?
Only a spouse, beneficiaries, dependents or children of the deceased may file a wrongful death claim. The restriction into place prevents a distant family member from seeking to aggravate a tragic situation with an unnecessary lawsuit further.
If a close family member such as a surviving spouse chooses to file a wrongful death claim, they can include the concerns, pain, and suffering, and lost future life events of those who are also able to file a claim. Wrongful death attorneys allow this so that there is one lawsuit rather than three or four for each instance of wrongful death.
In Jacksonville, North Carolina, the claim is always made against the defendant who must be as closely tied to the wrongful death as possible.
In cases where there are very few surviving family members or no one who fits the immediate requirements to file a wrongful death claim, the executor of the estate may file a claim on behalf of the family members or dependents.
Is there a Statute of Limitations?
In Jacksonville, North Carolina the statute of limitations for a wrongful death claim is two years. Although two years can slip by so fast after losing a loved family member, the state believes this is enough time for grieving families to decide together whether they will file a lawsuit or not.
Settlement v. Lawsuit
Although many families don’t want to accept a settlement because they rightly feel it may devalue the life of their lost loved one, it is sometimes a better option.
A wrongful death attorney can help you determine if the outstanding injustices are likely to see more resolution in a court trail versus the offer with the settlement. If a family finds that the settlement is still too difficult to accept they can, of course, continue with a lawsuit if they feel it is best for them.
A wrongful death lawyer in Jacksonville, North Carolina might suggest that a settlement could space family members further frustration, stress, and financial strain. Because a settlement cuts the process short, there is usually not giant time frame of uncertainty.
For many families, the avoidance of stress is enough to accept a settlement offer. When the case goes to court, it’s easy to get caught up in watching the defense attempt to disprove your families concerns again.
Can Wrongful Death Attorneys Help Me?
Unlike other lawsuits, a wrongful death lawsuit is a blend of criminal activity, regulation and statute violations, negligence and may even involve other victims. A wrongful death lawyer will know how to handle these intense and complex situations.
These lawyers are familiar with handling criminal investigations, and government regulations. Too often these lawyers must familiarize themselves with the type of negligence associated with each case. A wrongful death attorney can help you remember when you need to file your case and other important deadlines.
Wrongful death lawyers are also skilled in reviewing police investigations and working with investigators. You should expect a wrongful death attorney in Jacksonville, North Carolina to have skills in interviewing witnesses, as well as deposing. In some cases, you may need a wrongful death lawyer who has experience in class action cases.
Whether your case is a class action or not you do need a wrongful death attorney who will treat your case as unique. Because each case has its individual attributes, there is no way that a lawyer can guarantee a favorable ruling or settlement. In fact, a wrongful death attorney can’t even guarantee that you have a case before investigating the situation.
If you are trying to file a wrongful death case because of the circumstances involved in your loved one’s death, you need to consult with an attorney. A legal professional can conduct a necessary investigation, to identify where there was negligence or dangerous acts.
The Carolina Law Group requests any grieving family member to consult with a legal professional as soon as possible. Of course, taking the appropriate time to grieve and be with your family. The time sensitivity is due only to the statue of limitations and the ability to interview witnesses as they still remember the events.
Although by no means can legal action fix your situations or make your grief go away, it can help you find further justice. Find a wrongful death attorney who is compassionate and understands how to handle a wrongful death lawsuit. Hiring an attorney is your first step to have the negligent person or persons held responsible.
For many people, the worst news they could receive is that a loved one is no longer with us. The only thing that can make this news worse is the fact that the death was a result of someone’s carelessness, negligence or outright dangerous actions. These events happen too often, and the surviving family members have a few unanswered questions.
While families are asking themselves “Why?” they are also trying to put their lives back together and proceed in this new existence. The Carolina Law Group understands you and your family are attempting to continue living through grief, and with mounting expenses caused by this unexpected tragedy.
Consult a sympathetic and caring wrongful death lawyer who can help you throughout a legal process that shouldn’t burden your family. In Jacksonville, North Carolina, the process of a wrongful death claim should only provide what’s best for your family.