Your Trusted Wrongful Death Lawyer in Lexington, NC
At Lewis & Keller, we understand how overwhelming life can feel after losing a loved one due to someone else’s negligence. Our team of wrongful death lawyers in Lexington, NC, is here to provide compassionate support and legal guidance during this difficult time. We may be able to help you pursue compensation for medical expenses, funeral costs, lost income, and other damages your family has suffered. While you focus on healing, we’ll work tirelessly to ensure your loved one’s story is heard and justice is pursued. Get in touch now and learn how we can help you.
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Table of Contents
- What To Do After Losing a Loved One Due to Negligence
- What Is a Wrongful Death Claim?
- What Are the Requirements To File a Wrongful Death Claim in the State of North Carolina?
- Types of Damages Available to Grieving Loved Ones in North Carolina
- Who Receives the Settlement Recovered by a Wrongful Death Claim?
- We Offer Comprehensive Legal Services to Families Affected by Wrongful Death
- What To Expect After Contacting Our Office
What To Do After Losing a Loved One Due to Negligence
The loss of a loved one due to negligence is a heartbreaking experience. During this difficult time, taking the following steps may help you seek justice and protect your family’s future:
- Take Care of Immediate Needs: Focus on your emotional well-being and that of your family. Seek support from loved ones, counselors, or community resources to help you cope with the loss.
- Preserve Evidence: Document everything related to the incident. This includes keeping medical records, police reports, photographs of the scene, and any communication with the responsible parties.
- Avoid Speaking With Insurance Adjusters Without Legal Counsel: Insurance companies may try to minimize your claim. It’s important to consult with an attorney before making any statements or agreeing to a settlement.
- Understand Your Legal Rights: A wrongful death claim may help you pursue compensation for medical bills, funeral expenses, lost income, and emotional suffering.
- Contact a Wrongful Death Lawyer: Navigating legal proceedings during a time of grief can be challenging. A lawyer can help you understand your options and handle the legal complexities on your behalf.
At Lewis & Keller, we are here to provide compassionate guidance and experienced legal representation. Contact us today to learn how we may assist you in holding the responsible party accountable and pursuing the justice your family deserves.
PUT AN AWARD-WINNING FIRM ON YOUR SIDE
Lewis & Keller is a recognized Best Law Firm in Eminent Domain and Condemnation Law, as well as Personal Injury Litigation-Plainitffs by U.S. News and World Report. The firm has also been given an AV rating from Martindale-Hubbell.
Founding partner Mike Lewis has procured the title of one of the Best Lawyers in America for personal injury litigation and eminent domain, and was also distinguished as a North Carolina Super Lawyer in personal injury. These accolades wouldn’t have been possible without the hard work of all of the attorneys at Lewis & Keller and their clients who placed their trust in them.
What Is a Wrongful Death Claim?
A wrongful death claim is a legal action brought by the surviving family members or representatives of someone who has died as a result of another party’s negligence, recklessness, or intentional actions. The goal of a wrongful death claim is to hold the responsible party accountable and seek financial compensation for the damages caused by their actions. This compensation may include medical expenses, funeral costs, loss of income, and the emotional pain suffered by loved ones.
If your family has lost someone due to negligence, pursuing a wrongful death claim can help provide justice and financial relief during a difficult time. At Lewis & Keller, we’re here to guide you through the legal process with compassion and determination.
Common Causes of Wrongful Death in NC
Wrongful death can arise from many situations where negligence or misconduct has occurred. In North Carolina, some of the most common causes include:
- Car Accidents: Collisions caused by reckless or distracted drivers are a leading cause of wrongful death.
- Trucking Accidents: Commercial vehicle accidents often lead to severe or fatal injuries due to the size and weight of trucks.
- Motorcycle Accidents: Motorcyclists are particularly vulnerable to negligent drivers on the road.
- Defective Products: Dangerous or malfunctioning products, from household items to automobiles, can cause fatal injuries.
- Dangerous Drugs: Prescription or over-the-counter drugs that are poorly tested or improperly labeled may lead to fatal complications.
- Nursing Home Abuse: Neglect or abuse in nursing facilities can tragically result in the loss of a loved one.
- Premises Liability: Fatal injuries can occur due to unsafe conditions on someone else’s property, such as slips, falls, or lack of proper security.
If your loved one’s death was caused by any of these situations—or another form of negligence—you may have grounds for a wrongful death claim. At Lewis & Keller, we are here to help you understand your legal options and fight for the justice your family deserves.
What Are the Requirements To File a Wrongful Death Claim in the State of North Carolina?
In North Carolina, families may have the right to seek justice through a wrongful death claim. These claims aim to hold the responsible party accountable and provide financial support to the deceased’s surviving family members. Specific legal requirements must be met to file a claim, and understanding these can help families navigate the process during a difficult time. Below, we break down the key elements of a wrongful death claim in North Carolina.
Proving Negligence Caused the Accident
In North Carolina, a wrongful death claim hinges on proving that someone’s negligent or intentional actions caused the loss of life. The legal process involves establishing the following:
- Duty of Care: The responsible party owed the deceased a duty to act with reasonable care, such as obeying traffic laws or maintaining safe premises.
- Breach of Duty: The duty of care was violated through reckless, careless, or intentional behavior.
- Causation: The breach directly caused the incident that led to the person’s death.
- Damages: The death resulted in financial and emotional losses, such as medical bills, lost wages, and loss of companionship.
Evidence like police reports, witness testimony, and expert analysis is crucial to support these claims in court.
Who Is Eligible To File?
Under North Carolina law, only the personal representative of the deceased’s estate is allowed to file a wrongful death claim. This individual is either named in the deceased’s will or appointed by the court if no will exists.
The Statute of Limitations on Wrongful Death in North Carolina
It’s essential to act within the statute of limitations, which is typically 2 years from the date of death. Filing after this period may result in losing the right to seek compensation.
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Types of Damages Available to Grieving Loved Ones in North Carolina
Losing a loved one in Lexington, NC, due to someone else’s negligence is emotionally devastating and often comes with significant financial challenges. In North Carolina, a wrongful death claim may help families recover various types of damages to ease the burdens they face. These damages typically include:
- Economic Damages: Compensation for quantifiable financial losses such as medical expenses, funeral and burial costs, lost income, and the value of services the deceased would have provided.
- Non-Economic Damages: These damages account for intangible losses, such as the emotional pain and suffering of the family, loss of companionship, and loss of guidance.
- Punitive Damages: In cases involving egregious negligence or intentional misconduct, punitive damages may be awarded to punish the responsible party and deter similar behavior in the future.
What Is the Most You Can Sue for Wrongful Death?
North Carolina imposes certain limits, or “caps,” on damages in wrongful death cases:
- Punitive Damages: Punitive damages are capped at $250,000 or 3 times the total amount of economic damages claimed, whichever is greater.
- Non-Economic Damages in Medical Malpractice Cases: For medical malpractice-related wrongful death claims, non-economic damages are capped. This cap is adjusted every 3 years to account for inflation. As of January 1, 2023, the cap was $656,730.
While these caps may apply in certain situations, the specifics of your case determine the damages you may pursue. At Lewis & Keller, we can help you understand the compensation your family may be entitled to and guide you through this difficult time with care and professionalism. Contact us today for a free consultation.
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.
Who Receives the Settlement Recovered by a Wrongful Death Claim?
In North Carolina, when a wrongful death occurs, the personal representative of the deceased’s estate is responsible for distributing any recovered damages. These damages are allocated to the deceased’s heirs as specified by the state laws, which determine inheritance based on familial relationships, prioritizing spouses, children, parents, and other close relatives when no will exists.
We Offer Comprehensive Legal Services to Families Affected by Wrongful Death
At Lewis & Keller, we understand the pain and challenges that follow the unexpected loss of a loved one. With over 130 years of combined experience, our Lexington wrongful death lawyers are committed to providing compassionate support and strong legal representation to families during these difficult times.
From gathering evidence and proving negligence to negotiating settlements or representing you in court, we handle all aspects of your case with care and diligence. Our goal is to help you pursue the compensation you may deserve while you focus on healing.
our Lexington Wrongful Death attorneys
What To Expect After Contacting Our Office
When you reach out to Lewis & Keller, we aim to make the process as smooth and stress-free as possible. Here’s what you can expect:
- A Free Consultation: We’ll take the time to listen to your story, answer your questions, and provide an overview of your legal options.
- A Personalized Approach: Every case is different. We’ll develop a tailored strategy based on the unique details of your situation.
- Compassionate Support: We understand the emotional toll wrongful death cases take on families. Our team is here to guide you through each step.
- No Upfront Fees: You pay nothing unless we recover compensation for you.
At Lewis & Keller, our attorneys are dedicated to helping families seek justice and find a sense of closure. Contact us today to learn how we may assist you.
