Wrongful Death Attorney


Greensboro Wrongful Death attorneys

The death of a beloved family member is always devastating, but when it occurs because of the careless or reckless actions of someone else, it is even worse. Our can help you with every step of the process and seek justice for your loved one to try to help ease the grief of losing them.

A Wrongful Death claim is defined under North Carolina law as a death caused by a wrongful act that, had the victim lived, he or she would have been able to make a personal injury claim against the responsible party. While no amount of monetary compensation can make up for the loss of a loved one, North Carolina law allows the personal representative of the estate of the deceased person to hold the responsible party accountable for their wrongful actions in an effort to deter similar conduct in the future, obtain the funds needed for medical bills and funeral expenses, and help to make up for the loss of wages and other benefits provided to the family by the deceased person.

There are a number of ways Wrongful Death claims can come about; in almost any scenario where someone can be killed due to another party’s negligence. The most common types of Wrongful Death claims stem from car accidents, motorcycle accidents, pedestrian accidents, bicycle accidents, and falls. There are many different elements of damages that come into play in Wrongful Death claims related to the loss of a beloved family member, and a Wrongful Death attorney can help you in understanding and expressing these damages.  In general, the damages in a Wrongful Death case are related to the medical bills incurred in medical treatment for the deceased, the pain and suffering experienced by the deceased, the lost lifetime earnings of the deceased, and the loss of companionship suffered by their family.  Maximizing recovery in these areas of a Wrongful Death claim takes an experienced attorney like the ones at Garrett, Walker, Aycoth, & Olson.

The first step in pursuing a Wrongful Death claim is to give one of our Greensboro Wrongful Death attorneys a call to explain the process to you. Typically, an estate will have to be set up for the deceased person and the heirs at law under the North Carolina Intestate Succession statute must be identified. The personal representative of the deceased person is the proper party to bring the Wrongful Death claim and the heirs at law under intestate succession rules are the proper parties to receive shares of the damages received from a Wrongful Death claim. Our Greensboro Wrongful Death attorneys are here to help and can ensure that your family receives justice for the death of your loved one.

It’s important to keep in mind that the statute of limitations for Wrongful Death actions in NC is generally 2 (two) years.  This is different from the statute of limitations for most actions in NC, where one generally has 3 (three) years to file a claim.

Dealing with the death of someone we love is always difficult. When someone is killed by the wrongful act of another, the grief is devastating. Families and friends must face the future knowing that the victim’s touch, support and wisdom are forever gone. Although mourners will find comfort from the memories of the person who has died, the loss can be overwhelming.

In addition to the grief, families can also face very serious financial issues when someone dies. Who pays the medical bills? Who pays for the funeral? How can the family survive financially? How will the family survive without that person’s contributions to the household chores?

Wrongful Death Lawsuit Compensation

The laws that allow compensation for damages resulting from a wrongful death vary from state to state and differ depending on the circumstances of the death. Unfortunately, insurance companies may be quick to offer a settlement to victim’s families because of the risk involved in a wrongful death case. For families, it may seem easier to settle because they need the money quickly and because they don’t want to deal with an attorney when so many other things are going on.

At Garrett, Walker, & Aycoth, we believe that the easy way is not always the best way. Although trying to place a dollar amount on somebody’s life is nearly impossible and always invalid (since if we were given a choice every one of us would rather have that person back in our lives again) – the law allows for specific compensation for specific damages. For example, you may be able to claim:

  • A loss of earnings for a wage earner (which would entitle you to the equivalent of the income lost over the lifetime of the wage earner).
  • Replacement services (which would entitle you to the cost of hiring household services like cleaning, laundry, and childcare).
  • Loss of consortium (which would entitle you to compensation for the loss of companionship).
  • Emotional distress and mental anguish.
  • Medical and funeral expenses.
At Garrett Walker & Aycoth, we have helped families following the wrongful death of a family member. We will listen and learn as you tell us about your loved one. We can’t make this time easier for you, but we can help you through the process and make sure that your rights are appropriately and respectfully represented. Contact our Wrongful Death Attorneys today!

Call us at (336) 379-0539 or contact us to schedule a free, in-depth consultation with our experienced lawyers.

Frequently Asked Questions: Managing a Wrongful Death Case

Our wrongful death attorney knows that when someone passes away, it can be devastating. Still, it can be especially tragic when someone passes away unexpectedly due to another person or party’s negligence. Amidst the grief, in cases where wrongful death has occurred, the victim’s families will want to hold the responsible party accountable for their actions. By doing so, it may be possible to prevent future harm and gain compensation for what has been lost. Legal cases can be incredibly complicated without assistance from a legal professional, as many elements must be considered. When families choose Garrett, Walker, Aycoth & Olson, Attorneys at Law, to represent them, they receive both answers to their questions and a clear path for how to pursue legal action after the loss of a loved one. 

What Are The Common Types Of Wrongful Death Cases?

There are various ways that an accident may occur, ultimately resulting in a wrongful death case. A wrongful death claim may arise from any accident resulting in death where negligence was present. Some examples of wrongful death cases may include:

  • Car Accidents
  • Drinking or Impaired Driving
  • Work-Related Accidents
  • Medical Malpractice
  • Chemical Exposures
  • Product Liability
  • +More

What Elements Are Needed For A Wrongful Death Case?

Four key elements are necessary when bringing forth a wrongful death claim. Each of these elements will require sound evidence proving their presence. Elements include:

#1. Duty of Care

#2. Breach of Duty of Care

#3. Causation 

#4. Damages

What Types Of Evidence Are Needed To Pursue A Wrongful Death?

Collecting evidence is one of the most important aspects when preparing for a wrongful death case. Evidence will tie each key element to the legal claim and prove the need for compensation due to the damages. A wrongful death attorney can assist with gathering evidence that may include:

  • Death Certificate
  • Medical Documentation
  • Pay Stubs
  • Eyewitness Statements
  • Police Reports
  • Photographs

How Long Does It take To Resolve A Wrongful Death Case?

It depends. Cases can vary in length of time depending upon their specifics. It may be possible to resolve in a few months, but in other situations, it may take years before the case is resolved. Remember that cases that settle through the claims process often resolve faster than when a lawsuit is pursued. 

What Is The Best Way To Choose A Wrongful Death Attorney?

It can be especially challenging to move forward while grieving the loss of a loved one. However, be aware that there is a limited timeframe to pursue legal action against the responsible party. It’s prudent to seek guidance from an experienced attorney immediately. While this may seem overwhelming, taking the time to carefully do the following will be imperative:

  • Conduct Internet Research
  • Ask for Referrals
  • Ask for Statistics on Case Outcomes
  • Schedule Consultations with Prospective Attorneys
  • Carefully Prepare a List of Questions for the Consultation

While nothing can turn back the hands of time, moving forward by holding the negligent party accountable can help families find closure amidst grief. To learn more about how our wrongful death attorney from Garrett, Walker, Aycoth & Olson, Attorneys at Law, represents victims’ families, schedule a consultation as soon as possible.