The sudden loss of a loved one is an unimaginable tragedy that can leave you feeling overwhelmed and devastated. The pain of losing a spouse, child, or parent is magnified when the death results from someone else’s negligence. In the midst of this profound sorrow, families often face financial strain, dealing with medical bills, funeral expenses, and the uncertainty of the future instead of focusing on healing.
No family should be left alone to navigate the aftermath of another person’s carelessness. At Henson Fuerst, our attorneys bring decades of experience helping families like yours secure the justice they deserve. While a legal claim can never undo the heartache, it can provide the resources needed to rebuild your life after a tragic loss. Our wrongful death lawyers will tirelessly fight for justice on your behalf. Reach out to us today for a free consultation by calling 919-781-1107 or submitting a case evaluation online.
Our Wrongful Death Lawyers Are Committed to Fighting for Justice on Behalf of Your Loved One
When tragedy strikes, you need more than just a lawyer—you need an advocate who will stand by your side, offer compassionate guidance, and fiercely protect your rights throughout the legal process. At Henson Fuerst, we are fully committed to supporting you during this incredibly difficult time so you don’t have to navigate the complexities of a wrongful death claim alone.
Our firm has represented victims of wrongful death and their families since 1976. We have the experience and knowledge to handle the complex nature of these cases. From gathering evidence and building a strong case on your loved one’s behalf, to proving fault and holding negligent parties accountable, our firm will be your advocate throughout the entire process. This allows you and your family the time and space to mourn and begin the healing process without the burden of handling complex legal matters alone. We are here to handle the complex work so you can focus on what truly matters—honoring and remembering your loved one.
We know that coping with the loss of someone important is painful enough without the added stress of dealing with insurance companies and their attempts to minimize compensation. We are not intimidated by insurers’ tactics of offering low settlement amounts and pressuring families to settle quickly. Instead, we make it our mission to fight for what you truly deserve, ensuring you don’t accept anything less than fair compensation.
Hearing the stories of good people suffering such profound losses is the most challenging part of our work. These stories leave a lasting impact on us, and we remain deeply committed to offering the support and advocacy your family needs. We understand that no amount of money can ever replace what has been lost. Still, through our dedicated efforts, we will work to secure the justice and compensation your family deserves, helping you move forward with some sense of closure.
Type of Compensation Available in Wrongful Death Cases
The loss of a loved one is a heart-wrenching and life-altering event. Beyond the overwhelming grief, families often face significant financial burdens that can feel impossible to bear. North Carolina law allows for several types of damages in wrongful death cases, depending on the specifics of the case, to help compensate for both the emotional and financial toll that such a tragic event brings. These damages are designed to address both tangible and intangible losses suffered by the surviving family members.
- Economic Damages. Economic damages are intended to compensate the family for the measurable financial losses caused by the wrongful death. These damages can cover a variety of expenses, including:
- Medical Bills: If your loved one received medical treatment before their death due to the accident or incident caused by another party’s negligence, the family may be entitled to compensation for medical expenses incurred during that time.
- Lost Income: If the deceased was the family’s primary or significant wage earner, you may be entitled to compensation for past and future lost wages. This includes earnings the deceased would have made had their life not been cut short.
- Funeral and Burial Expenses: Funeral services, burial, cremation, and related expenses can be overwhelming. Economic damages can help cover these costs, providing financial relief to the family during a difficult time.
- Other Financial Losses: This could include loss of benefits, pension funds, or any other financial resources the deceased would have provided had they survived.
- Punitive Damages. Punitive damages are intended to punish the party responsible for the wrongful death and to deter others from engaging in similarly reckless or grossly negligent behavior. Unlike compensatory damages (which aim to reimburse the victim’s family for their losses), punitive damages are awarded in cases where the defendant’s actions were particularly egregious, reckless, or malicious. For example, if the at-fault party was driving under the influence, engaging in highly dangerous behavior, or grossly disregarding the safety of others, punitive damages may be awarded. While they are not guaranteed in every wrongful death case, they serve as an important tool for holding negligent parties accountable for their actions.
- Non-Economic Damages. Non-economic damages are designed to compensate for intangible losses that cannot be measured in terms of money but have a profound impact on the family’s emotional and psychological well-being. These include:
- Pain and Suffering of the Deceased: If the deceased endured physical pain, emotional distress, or suffering before their death, their family may be able to recover compensation for these damages. This often applies in cases where the deceased experienced significant pain or distress as a result of the incident that led to their death.
- Loss of Companionship: The death of a loved one can result in the loss of companionship, guidance, affection, and love. Non-economic damages can compensate surviving family members for the emotional pain and void left by the loss of their relationship with the decedent.
- Emotional Suffering of the Family: The emotional toll of losing a loved one can be profound, especially when the death was sudden, unexpected, or caused by someone’s negligence. Family members may be entitled to compensation for their grief, anguish, and emotional suffering as a result of the loss.
The Importance of Understanding Damages
Each wrongful death case is unique, and the damages you are entitled to will depend on the specific circumstances surrounding your loved one’s death. The types of damages available in a wrongful death claim are designed to help the surviving family members rebuild their lives and compensate for both the tangible financial losses and the deep emotional pain caused by the tragedy.
It’s essential to work with an experienced wrongful death attorney in North Carolina who can assess the full scope of your family’s loss and help you pursue compensation. A lawyer will guide you through the legal process and ensure that you are fighting for all available damages, whether economic, punitive, or non-economic, to help your family achieve a sense of justice and closure.
Who is Eligible to File a Wrongful Death Claim in North Carolina?
Understanding who has the legal right to file a wrongful death claim in North Carolina is a crucial part of the process. The law specifies individuals eligible to pursue a claim on behalf of a deceased loved one. If you are grieving the loss of someone due to another’s negligence, it’s essential to know whether you qualify to seek compensation for the damages your family has suffered.
In North Carolina, the following individuals are typically eligible to file a wrongful death claim:
- Immediate Family Members: The decedent’s spouse, parents, and children. These are the primary individuals who have the right to file a claim. If you are a surviving spouse, child, or parent of the deceased, you may be entitled to seek damages related to the loss of companionship, support, and financial contributions the deceased provided.
- Legal Dependents of the Deceased: If the decedent provided financial support or care to someone legally dependent, that dependent may also be eligible to file a claim. This could include individuals relying on the deceased for living expenses, medical care, or other essential needs.
- Personal Representative of the Estate: In some cases, a personal representative (often named in the deceased’s will or appointed by the court) can file a wrongful death claim on behalf of the deceased’s estate. This representative is responsible for managing the decedent’s estate and pursuing legal actions, including wrongful death claims, to recover damages for the decedent’s loss.
However, North Carolina law specifically excludes certain individuals from filing a wrongful death claim, even if they were close to the decedent. If you are the decedent’s fiancé, stepchild, foster child, or unmarried partner, you are not eligible to file a claim under the state’s wrongful death statute. While these relationships can be emotionally significant, the law reserves the right to pursue wrongful death claims for those who had legal, direct relationships with the deceased.
Understanding your eligibility is essential in determining your ability to seek justice and compensation for your loss. If you are unsure whether you qualify to file a claim, consult with an experienced North Carolina wrongful death attorney who can guide you through the legal process and answer any questions you have.
