Your Winston-Salem Wrongful Death Lawyer
At Lewis & Keller, we understand the devastating impact that losing a loved one can have on your life. Our dedicated team of wrongful death attorneys in Winston-Salem is committed to providing you with the legal support and compassionate guidance you need during this difficult time. With extensive knowledge of North Carolina wrongful death laws and a track record of successfully advocating for our clients, we strive to ensure that justice is served and that you receive the maximum compensation for your loss. Let us handle the legal complexities while you focus on healing and remembering your loved one.
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You have the legal right to seek compensation for your loss. We work hard to defend that right and get you every dollar you’re due.
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Lewis & Keller’s No Fee Promise means that you don’t owe a penny unless we win your case. It starts with a free case review, and we take it from there.
Table of Contents
- What Is Wrongful Death?
- What Damages Are Available for Wrongful Death in Winston-Salem?
- North Carolina Wrongful Death Laws
- How To File a Wrongful Death Claim
- What Happens Next?
- Wrongful Death FAQs
- How Can Our Winston-Salem Wrongful Death Attorneys Help You?
- Consult With a Wrongful Death Lawyer in Winston-Salem – No Obligation, No Cost
- Related Articles & Info
What Is Wrongful Death?
Wrongful death occurs when a person dies due to the negligent, reckless, or intentional actions of another party. In North Carolina, wrongful death claims can be filed to seek compensation for the financial and emotional losses suffered by the deceased’s family. These claims are intended to hold the responsible parties accountable and provide some measure of justice and relief to grieving families.
Common Causes of Wrongful Death
Understanding the common causes of wrongful death can help identify the responsible parties and strengthen your case. Wrongful death can result from various circumstances, including:
- Car Accidents: Negligent driving, such as speeding, distracted driving, or driving under the influence.
- Medical Malpractice: Errors made by healthcare professionals that lead to fatal outcomes.
- Workplace Accidents: Unsafe working conditions or employer negligence.
- Defective Products: Products that are poorly designed or manufactured, causing fatal injuries.
- Premises Liability: Fatal accidents occurring on someone else’s property due to unsafe conditions.
An experienced wrongful death attorney can help investigate the cause of death, identify the liable parties, and pursue the compensation your family deserves. Reach out today and let us guide you through the legal process.
What Damages Are Available for Wrongful Death in Winston-Salem?
When a loved one dies due to the negligence or misconduct of another, it can have a profound emotional and financial impact on the surviving family members. To address these losses, North Carolina law allows families to seek various types of damages in a wrongful death claim. These damages are designed to compensate for both the tangible and intangible losses suffered.
Economic Damages
Economic damages aim to cover the quantifiable financial losses incurred as a result of the wrongful death. These may include:
- Medical Expenses: Costs related to the medical care received by the deceased before their passing.
- Funeral and Burial Costs: Expenses for the funeral service, burial, or cremation.
- Loss of Income: The projected earnings and benefits that the deceased would have provided to their family had they lived.
- Loss of Services: The value of household services the deceased would have contributed, such as childcare and maintenance.
Non-Economic Damages
Non-economic damages are intended to compensate for the more subjective, non-monetary aspects of the loss, including:
- Pain and Suffering: The physical and emotional pain endured by the deceased before death, as well as the emotional suffering experienced by the family.
- Loss of Companionship: The loss of companionship and comfort the deceased provided to their family members.
- Emotional Distress: The psychological impact of losing a loved one, which can include anxiety, depression, and grief.
Punitive Damages
In cases involving gross negligence or intentional misconduct, the court may award punitive damages. These are not intended to compensate the family but to punish the wrongdoer and deter similar conduct in the future. Punitive damages are awarded in addition to economic and non-economic damages.
Our wrongful death lawyers in Winston-Salem are prepared to advocate for the maximum compensation you may be entitled to. By seeking legal guidance, you can focus on healing and honoring your loved one’s memory while we handle the legal aspects of your claim. Speak to our team today to see what your case may be worth and take the first step towards securing justice for your loved one.
Our Results Speak For themselves
$
7000000
Motorcycle accident resulting in paralysis.
$
3000000
Auto accident resulting in post traumatic stress disorder.
$
1393000
Workplace accident resulting in a traumatic brain injury.
North Carolina Wrongful Death Laws
North Carolina has specific statutes and legal requirements that govern wrongful death claims. Key aspects of these laws include the statute of limitations and the need to prove negligence. Understanding these regulations is essential to ensuring that your claim is filed correctly and within the required timeframe.
Statute of Limitations
In North Carolina, the statute of limitations for filing a wrongful death claim is 2 years from the date of death. This means you must file your claim within this period, or you may lose your right to seek compensation.
Negligence
To succeed in a wrongful death claim, you must prove that the defendant’s negligence directly caused your loved one’s death. This involves demonstrating that the defendant owed a duty of care to the deceased, breached that duty, and caused the fatal injury as a result.
Navigating these legal complexities can be challenging, but our attorneys have a deep understanding of North Carolina law and can provide valuable guidance and support to your case. We aim to give you and your family the best chance for a favorable outcome. Get your free case review today.
How To File a Wrongful Death Claim
Filing a wrongful death claim involves several critical steps, each requiring careful attention to detail:
- Gather Evidence: Collect evidence related to the death, including medical records, accident reports, witness statements, and any other relevant documentation that supports your claim.
- Determine Liability: Identify all parties responsible for the death. This may include individuals, companies, or other entities whose actions or negligence contributed to the fatal incident.
- Calculate Damages: Assess the full extent of economic and non-economic damages. This includes medical expenses, funeral costs, lost income, loss of companionship, and emotional distress.
- File the Claim: Submit your wrongful death claim within the statute of limitations. Missing this deadline can result in losing the right to seek compensation.
Consulting with a wrongful death lawyer can provide the guidance and legal experience needed to help make sure all aspects of your claim are thoroughly addressed. An attorney can help gather necessary evidence, estimate potential damages, and effectively represent your interests throughout the legal process.
Who Can File a Wrongful Death Claim in North Carolina?
In North Carolina, only the personal representative (executor) of the deceased’s estate can file a wrongful death claim. This person is typically named in the deceased’s will or appointed by the court if there is no will. If you are the personal representative or have questions about your eligibility to file a claim, a wrongful death attorney can help clarify your role and responsibilities in pursuing justice for your loved one. Get in touch with our knowledgeable team at Lewis & Keller to discuss your case and learn more about how we can assist you in this difficult time.
Our Winston-Salem Wrongful Death Attorneys
What Happens Next?
We Review Your Case for Free
Submit your case for a free review, either by calling or submitting our online form, and we will help you understand what compensation is available to you.
We Collect the Evidence
Once we know that you have a case, we handle everything. We know exactly what to look for in a wrongful death claim, and we will make sure every piece of evidence is accounted for to strengthen your case and ensure your maximum payment.
We Negotiate for You
The last thing you need is the stress of dealing with an insurance company that is set on undermining your claim and your experiences. With the attorneys at Lewis & Keller by your side, you don’t have to say a word to the insurance adjuster. Send them right to us so that we can protect your rights.
Possibility of Court
If negotiations aren’t bringing the outcome you deserve, we will be your champion in court. We make all of the preparations for trial and fiercely defend you before the judge.
You Collect Your Settlement
Once a settlement is reached, we will explain your legal options and allow you to choose whether you will accept the settlement or not. If you do accept the final settlement offer, your attorney will make sure you receive the money ASAP.
Wrongful Death FAQs
What if the deceased was partly at fault for the accident?
North Carolina follows the contributory negligence rule, which can bar recovery if the deceased was found to be even partially at fault. This makes it crucial to have an experienced attorney to argue against any allegations of contributory negligence.
How long does a wrongful death case take to resolve?
The timeline for resolving a wrongful death case varies depending on the complexity of the case and whether it goes to trial. It can take several months to a few years to reach a resolution.
How can I find out if I have a valid wrongful death claim?
The best way to determine if you have a valid wrongful death claim is to consult with a knowledgeable attorney. At Lewis & Keller, we offer free consultations to review your case and discuss your legal options. Contact us today to see what your case is worth and how we can help you pursue justice for your loved one.
What is the average wrongful death settlement amount?
The average wrongful death settlement amount can vary widely based on the specifics of the case, such as the circumstances of the death, the economic impact on the survivors, and the degree of negligence involved. Settlements can range from tens of thousands to several million dollars.
Are wrongful death settlements taxable in North Carolina?
In North Carolina, wrongful death settlements are generally not taxable. However, any interest that accrues on the settlement amount may be subject to taxation. It’s advisable to consult with an attorney for specific guidance.
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How Can Our Winston-Salem Wrongful Death Attorneys Help You?
Our experienced wrongful death attorneys at Lewis & Keller can provide the following assistance:
- Comprehensive Legal Support: We handle all aspects of your case, from conducting a thorough investigation to gathering evidence, filing the wrongful death claim, and negotiating settlements with the responsible parties or their insurers. Our goal is to ensure that every detail is meticulously addressed to build a strong case on your behalf.
- Experience in Wrongful Death Law: Our attorneys have extensive knowledge of North Carolina wrongful death laws and statutes, including the nuances of proving negligence and understanding the types of damages that can be claimed. This allows us to effectively navigate the legal system and advocate for the maximum compensation available.
- Compassionate Guidance: We offer empathetic support throughout the legal process. We recognize the emotional toll that losing a loved one can take, and we are here to provide compassionate guidance and reassurance, helping you make informed decisions and providing a sense of stability during this difficult time.
By choosing Lewis & Keller, you are partnering with a team dedicated to seeking justice for your loved one and securing the financial support your family needs. Contact us today for a free consultation to discuss your case.
Consult With a Wrongful Death Lawyer in Winston-Salem – No Obligation, No Cost
If you have lost a loved one due to someone else’s negligence, consulting with a wrongful death lawyer can provide you with the clarity and guidance you need. At Lewis & Keller, we offer free, no-obligation consultations to discuss your case and explore your legal options. Our compassionate attorneys are here to listen to your story, answer your questions, and help you understand the best path forward. Contact us today to take the first step towards justice and compensation for your loss, without any upfront costs or obligations.
