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FREQUENTLY ASKED QUESTIONS ABOUT WRONGFUL DEATH

On Behalf of | Apr 8, 2021 | Wrongful Death

What is a wrongful death? 

A wrongful death is a death that is caused by the negligence or misconduct of an individual or company.

How can a wrongful death occur?

Wrongful death can occur during an auto accident, truck or motorcycle accident, workers’ compensation accident, product liability, or from a  dangerous drug.

Who are considered survivors of a victim of wrongful death?

The survivors of a wrongful death victim vary from state to state, but usually include the spouse, children and parents.

What compensation can be claimed in a wrongful death case?

In general, the law provides for expenses such as funeral and medical expenses; loss of future earnings anticipated over the lifetime of the victim; benefits lost due to the victims death such as medical insurance, pension, and 401K; survivors pain, suffering and mental anguish caused by the victims death; companionship; and general and punitive damages.

Can minor children receive Social Security death benefits?

Yes, if your children are under the age of 18 and unmarried, they may qualify for survivor benefits from Social Security. In addition, any stepchildren, adopted children, and grandchildren may qualify under specific circumstances. If you have a disabled child who became disabled before they reached the age of 22, they may also qualify for benefits from Social Security.

When must a wrongful death lawsuit be filed?

In North Carolina, the statute of limitations for filing a wrongful death claim is two years from the date of death. A statute of limitations is the time limit or deadline set for filing a claim.

Who can file a wrongful death claim? 

In most states only immediate family members such as the spouse, surviving children and parents can file a claim.

 

At Hardee, Massey & Blodgett we take cases such as this very seriously. We will take the time, and use all of our resources, to get to know the lost loved one and your family. Wrongful death claims take time and require personalized attention and hands on approach. Our goal is to develop a long-term relationship built on trust with you and your family.

We are available 24/7 and can talk directly to you about your situation. You us at 252-378-2525. We look forward to building a relationship with you and your family in the future.

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