What Damages Could Be Recovered in a Wrongful Death Claim?
Financial compensation will not ease your pain from the loss of your family member, but it can reduce the economic burden, particularly through compensation for:
- Medical bills
- Funeral expenses
- Lost wages
- Loss of anticipated earnings
- Loss of companionship
- Pain and suffering
Monetary challenges can make it even more difficult to move on after an accident. We are willing to fight to get you the compensation you deserve.
Who Can File for Wrongful Death Benefits?
Wrongful death benefit collection is limited to immediate family members left behind by the tragedy. The person in charge of the decedent’s estate — the executor — must file legal documents to finalize their legal authority over the estate and the right to file a wrongful death action on behalf of the estate. Our attorneys can help you with this initial paperwork and assist you with filing a wrongful death claim in civil court. If the only remaining living relatives of the decedent are under 18 years of age, a court-appointed guardian may file a lawsuit on behalf of the minors.
What is the Statute of Limitations for a Wrongful Death Claim in North Carolina?
North Carolina law enforces a two-year statute of limitations for filing a wrongful death claim, so it is critical to act quickly. In addition to meeting the strict deadline, when you consult our attorney as soon as possible, it allows us to investigate your claim, collect physical evidence, interview eyewitnesses, and prepare expert testimony — actions orchestrated to build a solid case for you to recover the benefits you need.
Legal Process for Wrongful Death Claims in North Carolina
In North Carolina, the task of filing a wrongful death lawsuit is given solely to the personal representative, often known as the "executor" of the deceased individual's estate. To support this claim, it's necessary to present pertinent evidence, which may include medical documents and reports related to the incident. It's important to note that individual relatives cannot directly file these claims; the duty lies with the personal representative. Moreover, North Carolina law stipulates a time limit for such cases: a wrongful death lawsuit needs to be initiated within two years from the day the individual passed away. So, while it is possible to sue an estate for wrongful death in North Carolina, the process must be undertaken by the personal representative of the deceased's estate and within the prescribed time.
Contact Our Wrongful Death Lawyers in Asheville Today
Losing a loved one is an indescribable pain that no amount of compensation can alleviate. When that loss results from someone else's negligence or wrongful actions, the emotional toll is compounded by a sense of injustice. At Hensley Cloninger & Greer, P.C., we recognize the profound impact wrongful death can have on families, and we are here to offer compassionate and unwavering legal support during this difficult time. Our Asheville wrongful death attorneys are ready to stand by your side, provide compassionate support, and fight tirelessly for the justice your family deserves. Contact us today to schedule a consultation and take the first step towards healing and responsibility.
To hold those responsible for your loved one’s death accountable, call Hensley Cloninger & Greer, P.C at (828) 383-8414 or contact us online to schedule your free initial consultation with our wrongful death attorneys in Asheville.
