Wrongful Death Attorney in Monroe NC
There are a little over 33k road accidents in North Carolina each year, of which 90 will cause a loss of life, and 10K will be seriously injured. While the population of North Carolina continues to grow, this number will most likely increase as well. Automobile accidents can change lives in an instant.
Accidental deaths and injuries occur all over, from road accidents to work-related injuries or even in your doctor’s care. Medical Malpractice is a real thing, and you shouldn’t be afraid to call a Monroe wrongful death attorney should something happen to one of your family members while under the care of a physician.
What is wrongful death?
While we are talking about wrongful deaths, we should probably define it first. Wrongful death is when neglect or an act of another, either intentionally or accidentally causes a death. This is not considered a criminal case, as we are not focused on the criminal intent but on the actual loss of life itself. If the person responsible is found guilty, then there will be restitution paid, or an amount set for restitution, rather than jail time.
What are the leading causes of wrongful death?
There are many ways that wrongful death occurs. Let’s take a look at some of those ways.
Road accidents are one of the ways that we have mentioned earlier. Although some road accidents are often avoidable, they can be devastating to a family. The offending driver should be held accountable for their actions. While many road accidents are simply accidents, many times, there is neglect involved. The driver could also have been driving impaired in some way as well. A distracted driver is an example of a cause of negligent death. If you believe that the accident could have been prevented and was avoidable, you need to speak with an attorney to find out what you can do to get compensated. This won’t bring your loved one back, but it might help the sting that death will have on your finances. Losing a loved one can leave a huge hole in our hearts, as well as a lack of income for some families.
The workplace can be a dangerous place, depending on where you work and what you do. However, you would be surprised that there are even accidental deaths in an office. When employees are injured at work due to the employer’s neglect, you might seek an attorney’s opinion on the incident. Should there be a wrongful death, the next of kin should seek advice on what to do next. This can leave a hole in your heart and take away a stream of income that can harm the family for years to come. Getting what you deserve to help with those financial burdens is possible when a wrongful death or medical injury is sustained while working.
It is estimated that 4000 people in North Caroline die each year due to medical malpractice. Medical malpractice occurs when the doctor over the case is negligent in some way. If you feel that the death was preventable, then you might have a medical malpractice case. The only way you will know is by giving us a call and letting us hear about your particular case.
Slip and fall accidents
Workplace accidents, road accidents, and medical malpractice are the biggest culprits for needing an attorney. Slip and falls that could have been prevented are another reason. If the floor was wet or the parking lot was unkept, and you fell, where this incident occurred could be at fault. If they fail to put out proper warning signs that the floors are slippery, you need to call an attorney. This can be claimed by an employee or customer of a commercial building.
Other causes besides medical malpractice, road accidents, slip and falls, and medical malpractice are faulty products, law enforcement incidents, boating accidents, or anything else that could have caused a preventable death.
What is a Wrongful Death claim?
A wrongful death claim is a lawsuit that is established due to a preventable death. This can be via a road accident, medical malpractice, or any of the others mentioned above. There are four key elements that an attorney will look for when looking to file a wrongful death claim. These elements are negligence, causation, breach of duty, and proof of damages.
First, ask yourself if there was negligence involved. For example, in a road accident, was the driver distracted or under the influence? The second is causation, was that negligence the cause of the death? Or was the death secondary to something else? Was there a breach of duty, meaning did the acting party do what they were supposed to do? Finally, is there proof that this occurred and someone was at fault.
Who can file a wrongful death claim?
While the person that is dead cannot do anything for themselves, the remaining family members can. A wrongful death lawsuit can be filed by the surviving spouse or the person’s dependents. If it is the dependants, typically, someone is acting for them, especially underage. This could be a legal guardian or an estate administrator that was appointed in the will.
If there wasn’t a will and nobody was appointed for the dependents, the court will assign someone to help. A vetting process will be used to ensure they find the right person that will put the beneficiaries’ needs first.
How is liability proven?
Liability is proven by finding the person or business responsible for the negligence, causation, or breach of duty. Ask yourself which one it was, and you will find who is responsible. Road accidents are a little harder to prove than, say, medical malpractice. As in medical malpractice, some documents follow the case. These are proof of what happened and what occurred over time. With a road accident, it is often up to eyewitnesses that are not always perfect or credible. However, the incident is recorded either on a roadway camera or a dashcam from inside one of the vehicles or even another onlooking vehicle.
If you believe that a family member has been seriously injured or lost life due to negligence, you need to seek a professional to help. Call 704-288-8751 today.