Wrongful Death Suits 101 – All You Need to Know About Wrongful Death
Undergoing a wrongful death is one of the most tragic things that can befall someone. The tragedy consumes the family and friends of the departed, too, and it can get extremely cumbersome and exhausting. We at The Law Office of Jackson Pitts understand this. To help your beloved get the justice they deserve and to offer some amount of clarity, we will fight for you.
The law of North Carolina allows certain bereaved family members to seek compensation for the loss of their beloved. Therefore, it often has to be proven that what happened was indeed a case of wrongful death before the said members can file for compensation. So, what are the eligibility criteria?
What Qualifies as A Wrongful Death Suit?
A wrongful death claim can be made when a victim of personal injury could have legally filed a case against the one who caused the injury, but the victim ended up dying due to that very same injury. Several actions can lead to this:
- Medical Inattention or Malpractice– If a patient is misdiagnosed and then mistreated, it can sometimes lead to harmful effects in the body and untimely death. Also, if a doctor is negligent to the needs of the patient who dies; as a result, a wrongful death suit can be filed.
- Murder or Intentional Harm– If a person tries to intentionally kill another person and causes the death of the person, then it is considered wrongful death. A criminal case arises out of this, and the bereaved family can also file a separate civil case.
- Road Accident– If a person was proved to be negligent while driving and caused the death of a pedestrian, bystander, or a person who was also in an automobile, then it will be considered wrongful death.
Therefore, if the death occurs as a result of willful negligence and or intentional motivation, then it is very likely to be ruled as wrongful death. However, the claim has to be filed before the statute of limitations expires. Give The Law Office of Jackson Pitts a call to get a complete and comprehensive guide to filing a claim.
There are a lot of myths about wrongful death suits that can mislead people in need:
As with almost anything else, there are a lot of common misconceptions about wrongful death suits that you should be made aware of:
- Myth – Criminal charges usually preclude a wrongful death suit.
- Truth– The criminal case is separate from the wrongful death suit. In the former, a defendant, if found guilty, is then given a suitable punishment. But a wrongful death suit is a civil suit where the victim’s family is liable to receive monetary compensation.
- Myth– A wrongful death suit can be filed without any time limitations.
- Truth– The statute of limitations for filing for compensation is usually two years for such suits, but it can be waived off under very exceptional cases. Contact The Law Office of Jackson Pitts to guide you through this.
- Myth– Insurance companies have your best interests at heart.
- Truth– No, they usually don’t unless you get lucky. This is why you need a good lawyer to help you get your deserved claim amount.
- Myth– Attorneys will charge a lot, so it’s better not to hire one.
- Truth– There are plenty of attorneys and law firms that don’t believe in charging exorbitant amounts. The Law Office of Jackson Pitts believes that everyone deserves to be able to use the law for their benefit, and thus we are here to help you.
Here are some ways which can make your wrongful death suit process simpler:
It will get hectic to be tangled in a civil lawsuit in the wake of a loved one’s death, but there are some things that you can follow through with to make sure the entire process is a little less hectic.
- Hire an attorney at the earliest. Since this is a monetary issue, insurance companies will not have your best interest at heart. Every little thing you do and say could be distorted to prove the falsehood of your claim, and thus, hiring an attorney is of utmost importance.
- Make sure to get it certified by a reliable medical practitioner that the injury that caused the death was indeed done due to negligence or willful motive.
- Keep a record of statements of the defendants throughout their legal process. Any inconsistency on their part is going to help you out.
- Have patience, and while we know it isn’t easy, try and keep a level head regarding your case. Trust in your attorney to advocate for your best interests.
Take a look at some of these cases, which will help you decide if you are eligible for a wrongful death suit:
Proving that the death of your loved one was indeed a wrongful one is usually the hardest and most complicated part of this suit. Here are a few examples of incidents that are considered as eligible to file a claim for wrongful death:
- Car accidents where the defendant was negligent or under the influence of alcohol or drugs.
- Medical malpractice when the patient is misdiagnosed or when the patient is not given enough care and treatment.
- Workplace accidents, as often seen on construction sites even when the victim was not working. Unsafe conditions and putting workers in danger can lead to such deaths.
- Defective Products can sometimes lead to deaths, and in such cases, the manufacturers are held accountable.
Resources For Those Pursuing a Wrongful Death Suit
For those on the verge of a wrongful death civil lawsuit or in the middle of it, here is a list of resources that you can refer to for further information.
- Mortality Data: Centers for Disease Control and Prevention (CDC)
- Consumer Product Safety Commission
- National Highway Traffic Safety Administration
- National Institute for Occupational Safety and Health (NIOSH)
- National Patient Safety Foundation
Now you might truly feel lost at sea, not knowing how to utilize these resources. The Law Office of Jackson Pitts is happy and proud to serve in navigating through these and more such resources.
Trying to file for compensation in the wake of a loved one’s death takes real courage as the emotional, and physical toll of a death can be overwhelming. We suggest that you don’t go through it alone and let us help you through it. Call The Law Office of Jackson Pitts to get a completely guided service.