Our Asheville wrongful death attorney is here to help guide your family through one of the most difficult challenges you'll ever face. Although you certainly hope that you never have to contact an Asheville wrongful death lawyer, our law offices know how overwhelming it can feel to lose a loved one and also recognize that there are negligence and liability issues at play.
If your family has paid the price because another person broke the law or wasn’t paying attention, there are laws in place to protect you and your loved ones. No amount of compensation will ever replace the loss you’ve suffered, but the funds recovered in a wrongful death suit might be necessary for your family to move on.
Our wrongful death law firm in Asheville, NC is dedicated to representing the best interests of victims and supporting surviving family members who are dealing with this unfortunate situation. You deserve dignified and honest counsel in your Asheville wrongful death lawyer and we are here to assist you and treat you like family. When the death of a loved one results from another person's negligence in an accident, you might feel helpless or frustrated.
But one of the questions that you should be asking yourself is, who is at fault? The answer to this question might prompt you to file a wrongful death lawsuit. Per North Carolina's general statutes, wrongful deaths happen when the person's death was caused by the fault or neglect of another or a wrongful act. If the injured person had lived through the situation, they would have been entitled to pursue an action for damages. A personal representative is eligible to make a claim for damages that the deceased would have otherwise pursued if they had lived.
One of the most important things to keep in mind as you contemplate filing a wrongful death case in Asheville, North Carolina is the statute of limitations. Much like other states, North Carolina has a time limit under which you must file your personal injury lawsuit including wrongful death claims. If you fail to bring a lawsuit within this period of time, your case will be dismissed.
For other negligence claims such as car accidents, there is a three year statute of limitations in North Carolina but this statute of limitations is reduced for a claim of wrongful death in North Carolina to two years. It's also important to recognize that only certain individuals can file a wrongful death case in court.
Per North Carolina law, the personal representative of the estate is the individual who must initiate the wrongful death claim in court with the help of an Asheville wrongful death lawyer. If your loved one passed away and had a will on file, the personal representative might have been named in the will. If there was no will for the deceased party or if the individual listed in the estate plan chooses not to serve, the court is responsible for appointing a personal representative. The personal representative along with the assistance of an Asheville wrongful death attorney will bring the claim on behalf of the loved one's estate. In many cases, an adult child, a parent or a surviving spouse will have been named as personal representative.
There are many different kinds of damages that you and surviving family members could be entitled to in an Asheville wrongful death lawsuit. These include:
It is important to note that punitive damages are not necessarily awarded or available in every case but an Asheville wrongful death lawyer will tell you more about what to expect in this process. No family should have to go through the circumstance of saying goodbye to a loved one in situations that could have been preventable.
Unfortunately, this happens all too often in Asheville as a result of the careless actions of another driver, motorcyclist, or pedestrian. In these circumstances, you deserve to have a dedicated and caring Asheville wrongful death lawyer to answer the tough questions for your family and to fight for the compensation that your loved ones might need to move on with the next chapter of their life.
We’re here to help you with compassion and care when your family needs support and assistance with the legal system.