Wrongful Death
Wrongful Death
There is no amount of money that can adequately compensate a family for the loss of a loved one. However, the lawyers at Weaver Bennett, & Bland, P.A. can help you hold a person or company responsible for a death which is caused by their negligence.
In North Carolina when a person is killed as a result of the negligence of a third party, the executor or administrator of the person’s estate MUST bring an action for wrongful death within two years of the date of death or the statute of limitations will bar any recovery.
The executor or administrator of the decedent’s estate may sue and recover:
- Medical expenses related to the injuries related to the wrongful death
- Pain and suffering endured by the injured person before their death
- Funeral Expenses
- The present monetary value of the deceased to his family
- The emotional trauma caused by the wrongful death to family of the deceased.
When your family member has been killed as a result of the negligence of another, the lawyers at Weaver Bennett & Bland, P.A. have the experience and the resources to help the family during this difficult time. The executor/administrator of the estate must prove the present monetary value of the deceased, as well as the many other non-monetary types of damages which have been incurred by the family.
Examples of Wrongful Death Cases
North Carolina does not have a specific list of actions that can be grounds for a Wrongful Death case. Common grounds are:
Motor Vehicle Accidents that are caused by the negligence of a third party and result in a death.
Workplace injuries that result in death caused by the negligence of the employer.
Defective Products, or Dangerous Drugs whose use results in death.
Medical Malpractice or Negligence which results in death.
Deaths caused by construction defects in violation of building codes.
ACTIONS REQUIRED WHEN A WRONGFUL DEATH TO A FAMILY MEMBER OCCURS
An Estate must be opened with the Clerk of Superior Court in the County where the deceased resided, and an Executor or Administrator appointed.
Suit must be filed within TWO YEARS of the date of death.
Because of the shortened statute of limitations (TWO YEARS) it is imperative that the family immediately seeks legal counsel to assist in bringing the wrongful death case. In wrongful death cases caused by medical negligence, it is imperative that legal counsel is retained at the earliest possible date because medical records have to be obtained and reviewed by expert witnesses who will need to agree to testify that the local standard of care has been violated BEFORE any malpractice case can be filed. Obtaining these voluminous records and having them reviewed can be very time consuming and two years is a very short period of time when dealing with complex medical issues and medical experts. A wrongful death case based on medical negligence cannot be brought in North Carolina until a medical expert certifies that the standard of care has been violated and that he or she will testify.
Weaver Bennett & Bland, P.A. has represented families that have lost loved ones in numerous diverse types of wrongful death cases. One examples is a construction defect case which resulted in the death of a young man in an explosion. Another example was the terrible death of a schoolteacher who was given ten times the dose of blood thinner in the hospital that she was prescribed. A third example was the death of a two-year-old child who died from the hospital losing her blood culture. We had the knowledge, experience, and the resources to help each of these families to obtain justice and accountability.
If you have lost a family member and believe that the death was caused by the negligence of a third party, call Weaver Bennett & Bland, P.A. A consultation is free, and we can help you too.