As a loved one or dependent of the victim of a wrongful death, you may be eligible for compensation. Wrongful death occurs when a person is killed due to the negligence of another. This could occur during a vehicular accident or even when a product is manufactured incorrectly.
“In a wrongful death case, three things must be proven,” said Thomas D. Bumgardner, Ballantyne wrongful death lawyer. “It must be shown that the defendant had a duty of care, they breached that duty of care and finally their actions were the cause of death.”
Once these things are proven, compensation may be awarded.
Who is Eligible to Receive Compensation?
In many cases, the spouse or parent of the deceased will be eligible to receive compensation. In cases where the deceased has written a will, the named executor has an exclusive right to file a claim.
Reasons for Compensation in Wrongful Death Cases
A wrongful death suit helps loved ones and estate administrators cover costs that were incurred as a result of the person’s death. These include:
- Expenses for care and hospitalization for the injury that resulted in death.
- Compensation for pain and suffering.
- Funeral expenses.
- Compensation for the loss of income and/or companionship.
Items that prove the cost of hospitalization, funeral expenses, their salary, etc. will be necessary to recoup those losses. Bills, invoices and pay stubs can be used to prove these costs. Payment for pain and suffering and loss of companionship are intangible costs and must be argued. Pain and suffering may need to be confirmed by expert and/or eyewitness testimony.
How Long Do I Have to File a Claim?
The statute of limitations for a wrongful death suit in North Carolina is two years from the date of the victim’s death. In some cases, a wrongful death claim can be brought past the two-year mark, but it should be noted that these occurrences are extremely rare.
Trust Your Ballantyne Personal Injury & Wrongful Death Lawyer
Wrongful death cases can be extremely complicated and it’s often difficult to receive fair and just compensation. Consulting with an experienced lawyer could help you navigate a difficult case.
Thomas D. Bumgardner is an experienced wrongful death lawyer whose goal is to find justice and peace for his clients. Discuss your case for free. Simply call 704.887.4981 to schedule your consultation.