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Hickory Wrongful Death

Hickory Wrongful Death Attorney

We live our lives day by day, not knowing when our time will end. The unexpected and tragic loss of someone we deeply care for is something that no one ever wants to experience. However, it is a non-negotiable reality of life. These tragic instances are even more difficult when the negligence of another person caused the death. In these cases, you may feel a range of intense emotions, including anger, sadness, and confusion. You may also be feeling overwhelmed and alone. At times like these, you need an experienced and compassionate Hickory personal injury lawyer by your side who can help you through this difficult time.

At Ayers, Whitlow & Dressler, our wrongful death attorneys have years of combined experience handling these cases. We understand the devastation that you are feeling and can help you earn justice and compensation. From thoroughly investigating the original source of the accident to working with expert witnesses, we can make sure that no stone is left unturned. Connect with us today to see how our wrongful death attorneys have already helped families in Hickory, NC get the justice that they deserve.

What Is a Wrongful Death Claim?

In North Carolina, a wrongful death claim is a civil lawsuit filed when someone dies due to the overt negligence or recklessness of another person. These personal injury claims are brought forth by the surviving family members of the deceased victim. These lawsuits aim to help the surviving family members recover damages related to the death, such as traditional funeral and burial expenses, lost wages and benefits, and pain and suffering.

Wrongful death claims can occur in a variety of ways, but they are most commonly the result of:

  • Auto accidents: When a driver is operating their vehicle negligently or carelessly, they put everyone else on the road at risk. This can include speeding, driving under the influence, texting while driving, and more. If an individual has passed away due to another driver’s negligence, the surviving family members can file a wrongful death claim and seek justice for the loss of their loved one from another’s illegal or careless actions.
  • Workplace accidents: Unfortunately, accidents at work happen more often than we would like to admit. These accidents can have devastating consequences, whether due to a failure to follow safety protocol or a piece of machinery that is not up to code. A factual investigation into what caused the accident is necessary to determine where the liability lies.
  • Medical malpractice: We trust our medical professionals with our lives, but even they can make mistakes. An error can have life-altering consequences, whether it is a failure to diagnose, a surgical error, or a medication mistake. If a medical professional’s negligence can be connected to the death of a patient, the surviving family members can advance a wrongful death claim to seek justice.
  • Defective products: Every year, individuals are injured or killed by products that are not safe. Whether it is a toy for a child or a car part, companies are responsible for ensuring that their products are safe for consumers. Sometimes these companies fail to do their due diligence, which can result in a defective product hitting the market. If you have lost someone due to a defective product, you can file a wrongful death claim against the company.
  • Slip and fall accidents: Property owners must ensure that their premises are safe for visitors. If they fail to do so and an individual is injured, the property owner can be held liable. This is often seen when a visitor slips and falls on a wet floor or trips over an object left in the aisle of a store. If the fall results in death, the surviving family members can file a claim against the property owner.

No matter how your loved one lost their life, if you believe that someone else’s negligence was to blame, you have the right to seek justice. The first step is to connect with an experienced Hickory wrongful death lawyer who can review your case and help you understand your legal options.

Hickory Wrongful Death Lawyer

How Can Wrongful Death Attorneys Help?

The death of a loved one is always a challenge to deal with, but it can be especially difficult when the death is caused by something avoidable if the proper precautions had been taken. If you are struggling to cope with this new loss and believe that someone else’s negligence was to blame, you may be feeling overwhelmed and uncertain of what to do next. An experienced Hickory personal injury attorney can help you through this difficult time by:

  • Investigating the circumstances of your loved one’s death: To prove that someone else was at fault for your loved one’s death, it is important to conduct a thorough investigation. This will involve collecting evidence, talking to witnesses, and piecing together exactly what happened. An experienced attorney will know how to do this in a way that does not further traumatize you or your family.
  • Determining who is liable for the death: Once the investigation is complete, it will be up to your attorney to determine who is liable for the death. This can be a difficult task, as multiple parties may share some degree of responsibility. However, your attorney can determine who is most responsible and build a strong case against them.
  • Negotiating with the insurance companies: After the liable party has been determined, your attorney will begin negotiating with their insurance company. This can be a difficult and frustrating process, as insurance companies are often more concerned with their bottom line than they are with providing you with the compensation that you deserve. However, your attorney will be experienced in dealing with insurance companies and can fight to get you the compensation you need.
  • Filing a wrongful death lawsuit: If the insurance company is unwilling to provide you with a fair settlement, your attorney will file a wrongful death lawsuit on your behalf. This can be a lengthy and complicated process. However, it is worth it in the end if it results in the compensation that you and your family deserve and justice for your loved one’s unfortunate passing.

The death of a loved one is always hard to deal with, but it can be especially challenging when the death was caused by something avoidable if the proper precautions had been taken. Following this series of steps can help you get through this process.

What Compensation Can I Recover in a Wrongful Death Claim?

If you have lost a loved one due to someone else’s negligence, advancing a Hickory wrongful death claim may be the farthest thing from your mind. You are likely dealing with a range of emotions, including shock, sadness, anger, and confusion. However, it is important to know that you may be entitled to compensation for your losses. The specific types of compensation that may be available in a wrongful death claim will depend on the facts of the case, but they can include:

  • Medical expenses: If your loved one required medical treatment before their death, you may be able to recover the cost of those expenses. Some of the most expensive medical expenses can be related to hospitalization, surgeries, and ambulance transport. Recovering these costs can provide some financial relief during a difficult time.
  • Funeral and burial expenses: The cost of a funeral and burial can be significant, and you should not have to bear this burden alone. Specific expenses that add up when planning a funeral include the cost of the casket, headstone, and any other necessary transportation. These are all valid expenses that can be recovered in a Hickory wrongful death claim.
  • Earnings loss: If your loved one was the primary breadwinner in your household, their death can be financially devastating. In a wrongful death claim, you may be able to recover the income that your loved one would have earned over their lifetime. This can be a significant amount of money and can help provide financial stability for your family going forward.
  • Loss of companionship: The death of a loved one can cause immense emotional pain and suffering. This type of emotional comfort was something that your loved one provided to you, and their death has left a void in your life. While this type of pain and suffering cannot be quantified in monetary terms, it is still a valid loss that can be recovered in a Hickory wrongful death claim when demonstrating the emotional impact that the death has had on surviving family members.
  • Punitive damages: In some cases, it may be possible to recover punitive damages. These are designed to punish the negligent party for their actions and to deter others who might be tempted to engage in similar behavior. These damages exist separately from any other type of damages that might be available and can be awarded in addition to those damages.

The first step in recovering these types of compensation is to reach out to a Hickory, North Carolina wrongful death lawyer. They can review your case’s facts and help you understand what types of compensation might be available. From there, they can help you to build a strong claim and fight for the maximum amount of compensation possible.

Wrongful Death Injury Law FAQs

Q: How Much Is a Wrongful Death Lawsuit Worth in North Carolina?

A: The amount of money you may recover in a Hickory wrongful death claim will depend on the facts of your case. Some of the factors considered include the age of the victim, their earnings at the time of their death, and the emotional impact that their death has had on surviving family members.

Q: How Long Do I Have to File a Wrongful Death Claim in North Carolina?

A: In North Carolina, you generally have two years from the point of death to officially file a wrongful death claim. This is known in the legal community as the “statute of limitations,” and it can be a strict deadline. If you miss this crucial deadline, you may be barred from recovering any compensation for your losses. It is generally advisable to speak with a Hickory wrongful death lawyer as soon as possible after your loved one’s death to ensure that your claim is filed in a timely manner. The longer you wait, the more difficult it will be for you and your attorney to collect evidence and build a strong case.

Q: Who Can File a Wrongful Death Claim in North Carolina?

A: In North Carolina, a wrongful death claim can be filed by the surviving spouse, children, or parents of the deceased. If there is no surviving spouse, child, or parent, then the executor of the deceased’s estate can file the claim. If someone can demonstrate that they have suffered a significant financial loss due to the death, they may be able to file a claim.

Q: Are Wrongful Death Settlements Taxable?

A: No, wrongful death settlements are not taxable. This is true for both state and federal taxes. This offers some relief to surviving family members who are already struggling to cope with the new loss of their loved one. You can confidently advance your claim without worrying about how a settlement will impact your taxes.

Q: How Long Does It Take to Officially Settle Wrongful Death Personal Injury Cases?

A: The amount of time it takes to settle a Hickory wrongful death claim will depend on the facts of your case. Some claims can be resolved relatively quickly, while others may take months or even years to reach a resolution. What is more important than the timeline is finding an attorney who is committed to fighting for the maximum amount of compensation possible for your losses. Taking a smaller settlement quickly might seem appealing, but it could cost you thousands of dollars overall.

Contact Ayers, Whitlow & Dressler Today

If you have lost someone you cared deeply for due to the unfair or unjust negligence of another, you may be entitled to compensation. The attorneys at Ayers, Whitlow & Dressler are experienced in handling wrongful death claims and can help you to understand your legal rights and options. Contact us today for a consultation and see how we can help you.