Guidance During A Difficult Time
Dealing with the loss of a loved one can be exceedingly difficult, especially when it is due to the negligence of another party. There are numerous differences between a wrongful death case and a standard personal injury case, so it is important to make sure you hire an attorney who is not only experienced in these types of cases but also sensitive to you and your family’s needs.
In a wrongful death case, an attorney needs to get to know both the person who was lost and the surviving family members. An attorney handling these types of cases needs to understand the loss that those family members have suffered due to the death of their loved one. This is the type of service and care you can expect when you hire Hardee, Massey & Blodgett, LLP.
The Basics Of Wrongful Death Litigation
Under North Carolina statute § 28A-18-2, wrongful death is defined as a death “caused by a wrongful act, neglect or default of another,” and one that would have been grounds for a personal injury action if the victim had survived.
One major difference between a personal injury case and a wrongful death suit is who serves as the plaintiff. The late victim obviously cannot be the plaintiff, so someone else must stand in.
Surviving family members seem like a natural choice to fill this role, but North Carolina law says that only the executor, sometimes called the personal representative, of the victim’s estate can serve as the plaintiff. This is the person named as executor in the victim’s will, if there was a will, or someone appointed by the court when there is no will. Adult family members can be named as executor and could file suit in this capacity.
What Kinds Of Compensation Are Available?
In North Carolina, plaintiffs in a wrongful death lawsuit can seek the following types of damages:
- Costs of the victim’s medical care and treatment related to the fatal injury
- Funeral and burial expenses
- Compensation for the victim’s pain and suffering prior to death
- Compensation to surviving family members for the victim’s lost wages/income (present and future)
- Compensation to family members for loss of the victim’s companionship, protection, services, guidance, etc.
Our attorneys will help you carefully and fully account for the financial costs of your loved one’s death and help you seek compensation appropriately. We will also advocate strongly to ensure that noneconomic damages, like pain and suffering or loss of companionship, are appropriately considered and compensated.
Attorneys Who Will Be By Your Side
The attorneys at Hardee, Massey & Blodgett, LLP, understand that you need compassionate guidance during this challenging time. Our attorneys understand that your case is not only about the family member you lost, but also about the loss suffered by the entire family.
We know that no amount of compensation will ease the loss of your loved one, however we understand that compensation could help alleviate financial burdens from unpaid medical and funeral expenses.