Wrongful Death Lawyer Greensboro, NC

wrongful death lawyer in Greensboro

If the passing of a loved one was caused by a reckless person or corporation, then we advise urgently contacting a wrongful death lawyer Greensboro, NC residents trust, 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. 

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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 a Greensboro wrongful death lawyer, 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

Greensboro Wrongful Death Law Statistics

According to the North Carolina Department of Labor, “struck-by incidents were responsible for the greatest number of workplace deaths.  North Carolina’s 2020 workplace fatalities were the highest in at least a decade. Nearly 60% of workplace deaths in North Carolina were caused by a transportation incident.”

Greensboro Wrongful Death Law Latest Wrongful Death Case

The city of Greensboro has reached a settlement in the wrongful death suit of Marcus Smith. Smith died in Greensboro police custody after officers used a hogtie maneuver on him. At a city council meeting, city attorney Chuck Watts said that the city of Greensboro agreed to a settlement of over $2 million.

Wrongful Death Legal Issues: FAQ

When speaking with the Greensboro, NC wrongful death lawyer team at Garrett, Walker, Aycoth & Olson, Attorneys at Law, it is important that you voice any questions and concerns that you may have about your legal and financial situation, no matter how seemingly insignificant they may seem. You can’t make informed choices about your options until you have all the information that you need to feel comfortable with whatever decisions you make. By answering your questions and clarifying your concerns, we can help you to get to that point.

Elsewhere on this page, you’ll find information about all the basics of filing a wrongful death lawsuit. Here, we’ll begin addressing some of the common “second-tier” concerns that are often brought up in consultations with our dedicated Greensboro wrongful death lawyer team. When we meet with you and your family, we can elaborate and contextualize any of these answers further as they concern your unique circumstances.

Are work-related cases treated differently?

Work-related wrongful death cases are not treated differently in a lawsuit context than any other wrongful death cases with one notable exception. Sometimes, if the surviving loved ones who are filing suit are eligible for workers’ compensation death benefits, they may not be permitted to sue their loved one’s employer directly for any part that they played in the death in question. This is due to liability protections that employers enjoy under certain circumstances.

Who should return calls from insurance claims adjusters?

While you are certainly capable of returning calls from insurance companies, please allow us to handle this task on your behalf. Not only is your energy needed elsewhere, insurance companies will go a long way to minimize their liability. You may be guided to say something unintentionally that could compromise the value of your case. We can handle these communications to better ensure that they end favorably for you and your family.

Should settlement offers be accepted?

No settlement offers extended by any company or third party should be accepted until they’ve been reviewed by an attorney. Acceptance of a settlement offer almost always results in surrendering one’s rights to sue in the future. As a result, it is critically important to have a lawyer review the terms of the offer and the overall value of the case in question before signing anything.

Should surviving loved ones stay off of social media?

No. You don’t need to stay off of social media during this time when connection is so important. However, refrain from speaking about what happened to your loved one or insinuating that they were to blame. If you have questions, don’t hesitate to let the team at Garrett, Walker, Aycoth & Olson, Attorneys at Law know and we can clarify how to navigate social media without compromising your case.

When are wrongful death cases worth pursuing?

Generally speaking, any time another’s actions or inactions significantly contributed to the cause of another’s preventable death, it is worth speaking to an experienced Greensboro wrongful death lawyer about pursuing justice. The financial consequences of this loss shouldn’t rest on your shoulders if they rightfully belong on someone else’s.

Greensboro wrongful death lawyer visit card

Are there statutes of limitations for filing in Greensboro 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.

Common Types of Wrongful Death Cases

While it’s never easy to lose a loved one, it can be especially difficult when the death results from someone else’s carelessness. In these cases, family members may be able to file claims against the negligent parties. Here are the most common types of wrongful death cases.

  • Car accidents. Millions of car accidents occur in the U.S. every year, and some of them result in fatal injuries. Most car crashes result from driver error, including speeding, distracted driving, and drunk driving. However, other car accidents occur due to bad weather and poor road conditions.
  • Defective products. Some wrongful death cases can also result from defective products, such as toxic foods, medications, and vehicles. That is why manufacturers must spend a lot of time testing products before releasing them to the public. If they fail to do this and someone dies as a result, they can be held legally responsible.
  • Pedestrian accidents. Pedestrians are more likely to suffer fatal injuries in accidents because they do not have the protection of a vehicle. If the death results from negligent driving, such as speeding or failing to give the pedestrian the right of way, the driver may be liable.
  • Medical malpractice. When people go to the hospital or doctor’s office to receive treatment for an injury or illness, they expect to come out feeling better. Unfortunately, that does not always happen. If a doctor or another medical professional is negligent, the patient could get injured or even die. Some of the most common types of medical malpractice include surgical errors, misdiagnosis, medication errors, and birth injuries.
  • Slip and fall accidents. A slip and fall accident is a type of premises liability claim and involves slipping and falling on the floor or ground. Common causes of slip and fall accidents include liquid spills, wet flooring, and torn carpeting. Sometimes slip and fall accident victims can suffer fatal injuries, like traumatic brain injuries.
  • Truck accidents. Truck accidents are more likely to result in fatal injuries than accidents only involving passenger vehicles. Commercial trucks are very large and heavy, so they can cause more destruction. Common causes of truck accidents include speeding, drowsy driving, overloaded cargo, and mechanical issues. Besides the truck driver, trucking companies and truck manufacturers may be held liable in wrongful death cases.

Greensboro Wrongful Death Law Infographic

wrongful death lawyer infographic

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 Greensboro 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 Greensboro 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.

Garrett, Walker, Aycoth, & Olson, Greensboro Wrongful Death Lawyer

317 S. GREENE ST, GREENSBORO, NC 27401

Greensboro Wrongful Death Lawyer Google Review

“I had a situation that needed to be resolved expeditiously. I call Jason Aycoth. He resolved the issue quickly. He treated me with the utmost care and respect. Everyone I spoke to in his office was courteous. I have attempted to get this matter resolved through other attorneys in the area. None came close to the experience I had with Jason and his team. I highly recommend you taking the time to hire Jason Aycoth. Jason my family and I are grateful for you! We send you the highest regards.” – Charlie G.