When a victim is killed in a North Carolina accident or incident caused by another party’s negligence or recklessness, their survivors may be able to file a wrongful death lawsuit against the at-fault party for the losses they have suffered because of that death. These losses can be both economic and noneconomic.
Some of the economic losses include medical treatment expenses, funeral and burial costs, loss of the victim’s income and benefits, and loss of the victim’s future income and benefits. The victim’s family may also pursue damages for noneconomic losses such as mental anguish, loss of companionship, loss of guidance and support, and more.
In some cases, there may also be punitive damages awarded to the victim’s family. This is especially true when the at-fault party’s behavior has been especially egregious. For example, in a defective product case, if the manufacturer knew their product was defective but covered that up and sold the product anyway, there could be punitive damages included in the final award to the survivors who filed the lawsuit.
The following are some of the types of accidents that often result in a wrongful death lawsuit include. For detailed information about your particular situation, contact Shapiro, Washburn & Sharp to speak with one of our detailed North Carolina wrongful death attorneys.
This includes any accident where there is a vehicle involved and the victim dies as a result of the injury they sustain. Almost every vehicle accident is the result of someone’s negligence, often another driver. This can include car, truck, motorcycle, pedestrian, and bicycle accidents. Common negligent behaviors by a driver that can cause a fatal crash include distracted driving, speeding, or drunk driving.
In the case of drunk driving, there may be other parties who could be held liable for the crash. If the drunk driver had been drinking at a bar or restaurant, and servers continued to serve alcohol to the individual even if the person was already intoxicated, then that establishment may be held liable under North Carolina’s dram shop laws.
When a patient dies because of the negligence of medical staff, this is considered medical malpractice and the family may pursue damages against those responsible. Common examples of malpractice include a missed or incorrect diagnosis, preventable medical error, or surgical mistake.
Every property owner has a duty of care to keep their property free of hazards. They also have a duty to warn people if there of any existing hazards that need to be repaired. When a victim dies from an accident that occurs because of the owner’s negligence, then the owner could be found liable in a wrongful death lawsuit.
Look at any recall list and you can see how many dangerous and defective products end up on the market. Many of these products result in the deaths of consumers who used the product. These cases often result in wrongful death lawsuits.
Contact a Carolinas Injury Attorney
Our North Carolina personal injury firm has successfully represented many victims and their families and we are available to meet and discuss the circumstances of your case and how we may be able to help. We also offer a free wrongful death guide for families who have lost a loved one in an accident. The guide covers topics such as the statute of limitations for filing a wrongful death claim, what types of damages can be pursued, and who can be appointed as a personal representative.
To learn more, call Shapiro, Washburn & Sharp to schedule a free and confidential consultation with one of our North Carolina wrongful death attorneys.