When you lose a loved one in a car accident, the stress of proving that their loss was a case of wrongful death can be overwhelming.
Having to fight a legal battle while simultaneously processing the grief of losing someone close to you is unimaginably stressful, but when their loss was a case of someone else’s neglect or wrongful actions, getting the justice you deserve is of paramount importance.
That’s why in this blog post, you’ll learn everything you need to know from a car accident lawyer in North Carolina about proving a wrongful death case in a car accident, dealing with insurance companies involved in the incident, and getting the exact kind of compensation you’re entitled to.
Under North Carolina law, a wrongful death case is one in which someone is killed as a direct result of a “wrongful act, neglect, or default of another” person or entity. A car accident is most often classified as a case of negligence.
Since a wrongful death claim is a type of personal injury lawsuit, getting a favorable result against someone responsible for your loved one’s death is easier in this kind of case than it would be if you were to press criminal charges. North Carolina does, however, allow for a defendant to face both a civil and criminal case for this same act, should you choose to pursue both legal options.
The defendant’s liability must be shown “by a preponderance of the evidence” for you to win your case against them. In North Carolina, only the deceased individual’s personal representative or executor may actually file a wrongful death claim, but if the individual didn’t have one, someone else close to them will likely be appointed by the court. Regardless of who’s filing the claim, it must be filed within 2 years of the deceased individual’s death.
We’ve written in the past about having to potentially communicate with car insurance companies after an accident. In a case where you’re filing a claim on behalf of someone else who was killed in this kind of accident, much of the same guidance still applies.
You should get in touch with your deceased loved one’s insurance company as soon as possible after the accident. Your loved one’s insurance company may have benefits in place for someone in your position, particularly if there’s a possibility any other drivers involved in the incident may be pursuing legal damages.
Additionally, you should avoid communicating with representatives from insurance companies representing other drivers involved in the accident as much as possible. Their main goal when speaking with you will be to find potential holes in your case they can exploit to avoid paying you the damages you’re due.
If you’re pursuing legal action after the death of your loved one in a car accident, it’s important to know what you’re actually entitled to compensation for in the event that you win your case.
You can receive money damages for medical bills, funeral expenses, the deceased person’s pain and suffering, the loss of their income, service, protection, care, and assistance, as well as your loss of companionship, guidance, advice, comfort, and society.
Though compensation won’t undo the pain and suffering from the loss of someone close to you, it will prevent the ones responsible from getting away with it. When you need a car accident lawyer in North Carolina to pursue legal action in your wrongful death case, work with the experienced attorneys at Rodzik Law Group. Schedule a consultation with us now to learn more.