What Is a Wrongful Death Claim?
Two questions that people always want to know if a loved one has died at the hands of another.
1. What happened to my loved one?
2. How can we prevent this from happening to someone else?
Wrongful death is when someone’s death is caused by the negligence of someone else. A wrongful death lawsuit is a civil lawsuit. Many times, the circumstances are such that a person (and almost always a corporation) will not be criminally prosecuted.
When that happens, the survivors must file a wrongful death lawsuit to get their questions answered. Since it is a civil lawsuit, the only remedy the jury considers is money damages.
Often, the civil lawsuit is the only way that family members who have lost the support of their loved one can hold the negligent party responsible for their wrongdoing.
On top of the tremendous emotional loss, the loss of a loved one can result in huge financial losses. During your time of grief and heartache, you need someone with compassion and the experience to make sure that you and your family are fairly compensated for the loss suffered.
To properly navigate the world of wrongful death, you need a personal injury lawyer that you can trust to bring the perpetrators to justice and ease the pain of loss your family has suffered. You can call the attorneys at Fisher Stark P.A. for a free consultation at 828-505-4300.
Who can sue for Wrongful Death?
In North Carolina, only the personal representative of the deceased’s estate has the right to file a wrongful death lawsuit. Most times, but not all, this will be an immediate family member, spouse or someone who is close to the deceased or in a position to assist the deceased’s beneficiaries.
Potential causes of wrongful death claims
Motor Vehicle Accidents
Motor vehicle accidents are one of the most common examples of wrongful death cases. Causes of vehicle accidents typically include:
• Speeding, driving recklessly, distracted, or impaired
• Defective road or intersection design
• Vehicle part malfunction, such as brakes, tires, seatbelt, or airbag failures
When health-care providers fail to give proper care to patients, it can result in death. In medical malpractice cases the defendant could be:
• The doctor who wrongfully diagnosed his patient
• A nurse who neglected her duty
• The hospital that failed to properly train its staff
• The manufacturer of a faulty medical device
• A surgeon who made a fatal surgical error
• A doctor who did not receive informed consent before a procedure
Manufacturers must be diligent in order to ensure that the products they sell are safe for consumers to use. When manufacturers fail to produce safe products, they should be held responsible for any harms that happen because of their negligence. Some examples of this are:
• Manufacturers of dangerous children’s toys that are improperly labeled or designed causing children to choke or injure themselves
• Manufactures of faulty vehicles that catastrophically fail causing accidents
• Pharmaceuticals that are not properly tested or labeled
• Companies that make dangerous tools that break and cause mortal accidents
Business owners have a responsibility to keep their employees safe at work. Some examples of what workplace accidents are include:
• Manufacturing incidents
• Work related respiratory issues
• Transportation accidents
• Power-equipment mishaps
Wrongful Death Lawsuits & Families
Wrongful death lawsuits are important for the families and beneficiaries of the deceased. People often rely on these cases to pay for their loved one’s end of life expenses as well as to make up for the loss of companionship and earnings contribution from the deceased.
For example, if a child loses a parent, a lawsuit may help provide the child with the monetary support they would have received from their parent. Human losses are often the toughest, and financial losses can contribute to the ongoing grief, but you do not have to go through these hard times alone.
The personal injury and wrongful death attorneys at Fisher Stark, P.A. are available to assist the families of those who wrongfully died. With over 50 years of combined trial experience, the lawyers of Fisher Stark in Asheville, North Carolina have assisted families throughout the years when dealing with the loss of a loved one.
If you or someone you know has experienced such a loss, please call 828-505-4300 today for a free consultation to discuss your rights, options, and ability to seek fair and just compensation.
We will work hard to get you the justice & fair compensation you deserve. Fisher Stark, P.A. is a highly respected personal injury law firm in Asheville, NC. We provide experienced legal help for clients in Asheville, NC, and all the communities in Western North Carolina. Collectively, our legal team – Perry Fisher and Brad Stark – have more than 50 years of trial practice and have participated in more than 1,000+ injury cases. Call 828-505-4300 for a free consultation.