document labeled "wrongful death" with judge's gavel above it

Greensboro Wrongful Death Lawyer

If the passing of a loved one was caused by a reckless person or corporation, then we advise urgently contacting a wrongful death lawyer in Greensboro, NC from Garrett, Walker, Aycoth, & Olson, Attorneys at Law. We can imagine the anguish you and your family are going through, especially after realizing your relative’s life may have been taken too soon. When another party is responsible for a death, they should be held accountable. Surviving loved ones of the deceased can take legal action for justice of their family member, in addition to receiving compensation for all they have endured. 

Surviving family members who may be legally eligible by law to bring forward a wrongful death lawsuit are:

  • The surviving spouse
  • Children of the deceased
  • A domestic partner
  • Parents of the deceased
  • Siblings of the deceased
  • Grandchildren of the deceased (if children have passed)
  • Minor children who were in the household and relied on financial support

Damages In A Wrongful Death Case

Damages in a wrongful death case may be assessed depending on the degree of harm to the deceased prior to death, and the financial loss that resulted for loved ones. For instance, a surviving relative may be entitled to compensation for funeral costs, medical bills before death, and level of pain and suffering for the deceased. 

With support from an NC wrongful death lawyer in Greensboro, damages may be recoverable through legal action. However, keep in mind that there is a statute of limitations for lawsuits, so you must act quickly to not risk losing your chance at justice and restitution from the party at fault.

Examples of damages that a surviving loved one may receive under a legal claim include:

  • Loss of love, affection, and care
  • Loss of guidance and training from a deceased parent
  • Financial support to the family unit
  • Burial and funeral costs
  • Loss of intimacy with a spouse
  • Loss of wages the deceased would have earned

Who can recover damages in a wrongful death claim? 

When it comes to filing a wrongful death claim in the state of North Carolina, you may be more confused about who has the right to file a wrongful death claim and when they should bring it forward. In many states, family members have the right to file a wrongful death claim when they were close to their loved one, such as a spouse, child, sibling, or parent. In the state of North Carolina, however, this is not the case. To file a wrongful death claim, you must be a personal representative of the deceased’s estate. This means that you would need to be an executor of their estate to bring forward a wrongful death claim in court. If there is no executor of the estate or the named executor chooses not to serve in this capacity, then the court involved will appoint someone else to serve. When this is the case, then the court may appoint someone like the spouse, children, or parents to become the representative. 

Are there statutes of limitations for filing in NC? 

Just like in any other state, you will be dealing with the statute of limitations regarding filing a wrongful death lawsuit. This is one of the reasons it is so important to work with a lawyer so that you know you are gathering all of the documentation you need and filing your claim on time. You will have two years to file a wrongful death claim and the clock starts from the date of the deceased’s passing. This means that even if the deceased suffered from injuries and were in the hospital for months, the clock would not start until they passed away.

However, there may be different circumstances dictating when you can file if the deceased lingered from their injuries for years. If you believe you have the right to bring forward a wrongful death claim and it is after the statute of limitations for the state of North Carolina, it is important to speak with your lawyer to determine if you fall outside of the typical circumstances. 

It can be difficult after you have watched your loved one pass away to move forward with a wrongful death claim. You may be trying to understand if you are doing so out of spite or if you are doing so because you want justice for your loved one and would like to seek damages to move forward. Whatever your reasoning, it is wise to sit down with a lawyer to learn more about the case and see how we can help you on this journey. We know it will not be easy, but we can be there with you every step of the way. 

It is worth mentioning that it can be very difficult for family members to handle a lawsuit while in the midst of their grief. You need time to take care of yourself and attend to family matters. Our team can handle the paperwork side of things, so you can prioritize healing your family. If this information resonates with what you are going through, please call a wrongful death lawyer in Greensboro, North Carolina from Garrett, Walker, Aycoth, & Olson, Attorneys at Law now for compassionate and strategic legal support.