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What Constitutes as a Wrongful Death Lawsuit?

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"Wrongful death" printed on a piece of paper

A wrongful death occurs when a person’s death is caused by the negligent act of another person or entity. The purpose of a wrongful death claim is to allow the decedent’s loved one to receive compensation and justice for the sake of their family. The Lanier Law Group, P.A. team is here to break down what qualifications are necessary for a wrongful death lawsuit in the case that you’re filing on the behalf of your loved one.

What Constitutes a Wrongful Death Claim?

To file a wrongful death lawsuit, you must prove that the person was killed due to the other party’s negligence, and the decedent would have been able to file a personal injury lawsuit had they survived their accident. Some examples of wrongful death claims include deaths from medical malpractice, murders, and car accidents as the result of another driver’s negligence.

How Do I Prove Negligence?

In order to prove that the other party is responsible, you must prove that the defendant had a duty of care to the deceased and that they breached it through a negligent act. This breach of duty must be the cause of the victim’s death, and the victim’s death correlates with the damages you are trying to recover with the claim.

While you may have the evidence to file a wrongful death lawsuit, you may not be able to. Certain states have different laws on who can and cannot submit a wrongful death claim. Visit our blog for more info to find out if you’re eligible in the state of North Carolina.

What Damages Can I Recover?

Damages from a wrongful death lawsuit are meant to help the decedent’s family cope with their unexpected loss and bills. Some damages that are recoverable include:

  • Funeral expenses
  • Loss of future income
  • Medical bills
  • Pain and suffering

In North Carolina, you have two years from your loved one’s death to file a wrongful death lawsuit. This deadline is strict and is rarely extended in some situations. Although it may seem like a lot of time, it’s best to start your wrongful death lawsuit as soon as possible.

Ready to File?

Handling a loved one’s death can leave a lot of stress on the decedent’s family, which is why we’re here to assist you. Our team of attorneys here at (855) 757-4204 are ready to achieve justice and compensation on behalf of your loved ones. Call our offices today at Lanier Law Group, P.A. or visit our website here to start your consultation. We are here for you.