Losing a loved one is never easy but knowing that their death resulted from the negligence or misconduct of another party can add frustration to the strong mix of emotions you experience in this situation. If another party is responsible for causing the death of your loved one, a Morganton wrongful death attorney can potentially help you hold them accountable for their negligence or misconduct. While similar to a personal injury case in several ways, a wrongful death claim involves unique statutes and will require the attention of experienced legal counsel.
The team at Helton, Cody & Associates, PLLC, can offer the compassionate legal counsel you need in this difficult situation. Our team has helped many past clients with their wrongful death claims and a wide range of other civil cases. We know the emotional stress your circumstances impose and the uncertainties you face when it comes to the economic aftermath of your loved one’s unexpected death. If you believe you have grounds for a wrongful death claim in Morganton, our team can guide you through the procedures necessary for ensuring the defendant’s accountability.
An experienced Morganton wrongful death attorney can provide several valuable legal services to you and your family that can make your experience with your wrongful death action a bit easier to manage and more likely to generate the results you want to see. For example, instead of attempting to meet strict filing requirements and other procedural demands with the civil court while mourning your loved one, your Morganton wrongful death attorney can manage your case filings on your behalf so you can focus on your personal affairs and your family’s well-being.
When it comes to the case itself, you will be able to rely on your legal representative for ongoing support and advice as your case unfolds. They will answer any questions you may have about what to expect in your proceedings and address any concerns that arise regarding your legal options after losing a loved one to negligence or intentional misconduct. Your legal team will also help your family maximize the final case award you obtain from the defendant.
Helton, Cody & Associates, PLLC, have extensive professional experience representing clients in the Morganton, NC, area in a wide range of civil cases, including complex wrongful death cases involving unclear liability and/or substantial damages. Our goal in every wrongful death claim that our firm accepts is to help our client understand their legal options as clearly as possible so that they may make more informed decisions on their family’s behalf.
Establishing fault in a wrongful death is similar to how you would establish liability for a personal injury or in any other civil claim for damages. First, the plaintiff must prove the defendant owed a duty of care to the victim. Second, the plaintiff must offer evidence showing the defendant failed to uphold their duty of care. Third, the plaintiff must then show the defendant’s failure to meet their duty of care caused actual harm to the plaintiff. Finally, the plaintiff must prove their claimed damages are the direct result of the defendant’s breached duty of care and not some other cause.
Most of the wrongful death claims filed in the Morganton area pertain to acts of negligence or failures to exercise reasonable care and caution in specific situations. Distracted driving, premises liability violations, defective products, and many other hazards may all result in fatal injuries. Whenever a party causes death through negligence of any kind, they are liable for the resulting damages, and if they caused the death through any intentional misconduct, they face criminal charges as well.
Success with your impending wrongful death claim may require effective leveraging of material evidence, reliable witness testimony, or even input from various expert witnesses. Your Morganton wrongful death attorney must not only help you prove that the defendant in your wrongful death case caused the death in question but also that the decedent did not contribute to causing the death in any way. Under North Carolina’s contributory negligence law, a plaintiff loses their right to recover damages in any civil claim if they bear partial fault for causing those damages.
A wrongful death claim seeks compensation for the family’s losses, not the victim’s, so the damages available to a plaintiff in a wrongful death claim are different than those available in personal injury cases and other civil claims. Therefore, for the best chance of maximizing the case award your family secures, it’s vital to have an experienced Morganton wrongful death attorney handling your case.
The damages available in a wrongful death claim reflect the economic impact of the death in question on the victim’s surviving family. The damages available in most wrongful death claims include:
If the deceased did not die immediately from the defendant’s negligence or misconduct, their estate likely incurred damages like medical expenses for their final medical treatment, and the victim also may have experienced tremendous pain and suffering before succumbing to their injury. Therefore, if there are any such damages in your case, a survival action seeks compensation for the damages the deceased could have claimed in a personal injury action if they had survived.
It is vital for anyone who intends to file any type of civil claim for damages to fully understand the state’s contributory negligence statute. Under this law, a plaintiff loses all rights to claim compensation if they are found to bear any partial fault in causing their claimed damages. If a defendant attempts to claim your lost loved one contributed to causing their own death, you would need an experienced Morganton wrongful death attorney to address the situation and preserve your family’s ability to recover.
The attorneys at Helton, Cody & Associates, PLLC, know how difficult it can be to lose a loved one, and if your family is struggling with a recent loss resulting from negligence or intentional misconduct, we can help you ensure accountability. You have a limited time in which to file a wrongful death claim after losing your loved one, so if you suspect you have grounds for a wrongful death action, it is always best to connect with an attorney you can trust as soon as possible so they can begin building your family’s case.
A: Money cannot replace your lost loved one, but a sizeable wrongful death settlement can help your family overcome the economic strains imposed by death more easily. Many factors influence the total potential value of your wrongful death claim, and you could potentially secure more compensation than you initially expected if you have the right Morganton wrongful death attorney handling your case.
A: A wrongful death claim seeks compensation for the surviving family of a victim killed by an act of negligence or willful misconduct. Establishing liability for a wrongful death requires identifying the party or parties responsible and proving they directly caused the death in question through negligence or intentional misconduct. An experienced Morganton wrongful death attorney can help you determine the best method of proving fault in your wrongful death action.
A: The plaintiff filing the wrongful death case must identify the party or parties they believe bears fault for the death in question. When multiple defendants share liability, they are each assigned a fault percentage to designate how much of the plaintiff’s damages they are responsible for compensating. Your Morganton wrongful death attorney can provide an estimate of your case’s potential value and explain how you and your family will receive your case award after you win.
A: Technically, you are not required to hire legal counsel to file a wrongful death claim in the state. However, you are far more likely to not only succeed with your claim but also reach favorable results when you have legal counsel you can trust advising you. Therefore, your choice to hire an experienced Morganton wrongful death attorney is an investment in the success of your case, and even after you account for the cost of hiring your attorney, the value they add to your final case award should be readily apparent.
The team at Helton, Cody & Associates, PLLC, knows how hard it can be for anyone to process the unexpected death of a loved one, especially when a wrongful death occurs through negligence or intentional misconduct. You and your family probably have lots of pressing legal questions about how you can recover from your experience and what you can expect in the civil court system. An experienced Morganton wrongful death attorney is the best resource to consult in this situation. Contact Helton, Cody & Associates, PLLC, today to schedule your consultation with a Morganton wrongful death lawyer you can trust with your family’s case.