Whenever one party’s actions harm another party, it can form the basis of a personal injury case. However, if the victim does not survive, their surviving family could have grounds to file a wrongful death suit against whoever caused the fatal injury. If you have lost a loved one due to another party’s actions, an Oak Island wrongful death lawyer is the ideal resource to consult in this difficult situation.
The right attorney can be an invaluable asset for any personal injury claim in Oak Island, and a wrongful death claim takes the place of a personal injury claim when the victim does not survive. Christina Rivenbark & Associates can provide the legal counsel you will need on your side to succeed with a wrongful death claim. We have years of experience resolving these cases for clients and can put this experience to work in your case.
While a wrongful death suit shares many procedural similarities with a personal injury case, there are a few important differences you should understand before filing the case. First, state law restricts eligibility to file a wrongful death claim to the personal representative of the deceased’s estate. Second, while a personal injury claim seeks compensation for the victim’s losses, a wrongful death suit aims to compensate the surviving family of the victim.
Before you can claim any compensation for your loved one’s death in Oak Island, NC, you must be ready to prove exactly how their death happened. Success with a wrongful death claim requires evidence that shows the defendant named in your suit directly caused the death through some form of negligence or illegal misconduct.
Your Oak Island wrongful death attorney can help gather the evidence you will need to firmly establish liability for the death. A few of the most commonly cited causes of wrongful deaths in the state include motor vehicle accidents, work-related accidents, and illegal misconduct in various forms.
After establishing fault for a wrongful death, your Oak Island wrongful death attorney can help identify the various damages you can seek from the defendant. These are likely to include:
Ultimately, a successful wrongful death suit could yield substantial compensation for the surviving family of the victim. The right attorney on your side can make filing your case and navigating the proceedings ahead much easier, and you will not only be more likely to win the case with their help but also more likely to maximize your recovery.
You have a limited timeframe in which to file a wrongful death suit in the state, and it is vital to speak with an attorney you can trust as soon as possible. Christina Rivenbark & Associates can provide the guidance and support your family needs in this difficult situation and help you construct a winning strategy for your impending wrongful death suit in Oak Island.
A: Under state law, the right to file a wrongful death claim falls to the personal representative of the deceased’s estate. If the deceased did not name a personal representative or did not have an estate plan, the surviving family can petition the court to name a personal representative to act as the plaintiff in the case.
A: A wrongful death suit aims to compensate the family of the victim for the financial impact of the death. It’s possible to claim compensation for damages incurred by the estate of the deceased as well as compensation for the family’s losses. Your Oak Island wrongful death attorney can help determine the full extent of losses you are eligible to claim and maximize your case award.
A: The defendant responsible for causing a wrongful death will face liability for the damages cited in a wrongful death claim, but they may also face criminal charges if they caused the death through any illegal actions such as driving under the influence (DUI) or violent assault. Your Oak Island wrongful death attorney can advise you as to how the illegal nature of a defendant’s behavior may influence your wrongful death claim proceedings.
A: If you plan to file a wrongful death claim in the state, you must do so within the statute of limitations. Under the law, the statute of limitations for wrongful death claims is two years, starting on the date the accident occurred. If the cause of death can’t be immediately determined, the statute of limitations may begin on the date the surviving family discovers that another party directly caused the death.
A: Even if fault for a recent wrongful death seems perfectly clear to you, the reality is that any wrongful death claim can present unexpected legal challenges you may not know how to overcome on your own. Hiring an Oak Island wrongful death attorney to represent your case allows you to approach the situation with greater confidence, and you will be more likely to maximize your total compensation with their assistance.
Christina Rivenbark & Associates has years of successful civil cases behind us, including wrongful death claims. We know how difficult it is to lose a family member unexpectedly, and if another party is liable for causing a loved one’s death, we will help hold them accountable. Contact our firm today to schedule your free consultation with an Oak Island wrongful death attorney and learn how we can assist you with your case.