Losing someone you love is difficult. The grief and sense of loss can be overwhelming. For people who lost a beloved family member in an avoidable accident, though, that grief can quickly turn to anger and a sense of injustice. If you lost someone due to the negligence of another person, a Chapel Hill, NC, wrongful death lawyer can help you. At Burton Law Firm, we represent families like yours in your quest to hold the at-fault party accountable for the death of your loved one and demand that your family be fairly compensated for your loss. Although we know that no amount of money can replace the person you lost, we believe that a fair settlement can provide the means for you to move forward with your life after the loss. Contact us today for a free case review.
What Does A Chapel Hill Wrongful Death Lawyer Do?
Wrongful death lawyers are personal injury attorneys who help families who have lost a loved one due to the negligence or carelessness of another party. These are civil matters, with the purpose of securing compensation for your material losses and your pain and suffering, and trauma after losing someone you love. We agree that money cannot replace your loved one’s companionship, guidance, and place in your heart. However, we also recognize that this unfair loss has placed a significant financial burden on your family, from the funeral and burial costs to the loss of contribution to the household.
As your attorney, we take the lead in handling all aspects of your claim, including the court filings and investigation into the incident. We can also handle communication with the other party on your behalf so that you and your family can mourn privately.
Proving Negligence In A Wrongful Death Case
There is a difference between a wrongful death and an accident death, and it lies in the legal concept of negligence. Some examples of a wrongful death include:
- A product manufacturer releases a contaminated or malfunctioning consumer product that causes injury or death when used as intended
- Someone assaults another person, causing their death
- A reckless or drunk driver causes a wreck that kills one or more people
- An employer fails to ensure proper safety equipment or fails to properly maintain the facility, causing the death of a worker
- Someone was mauled by a dog or other animal
In all of these cases, the at-fault party (the defendant) had a duty of care for the safety of your loved one but failed to fulfill that duty, thus leading to the accident. We believe they should be held accountable, pay for the harm they caused, and be an example to others of what could happen should they be tempted to engage in similar reckless actions.
Skilled Attorneys Helping You After Your Loss
Have you lost a loved one due to another party’s negligence? We urge you to reach out to a Chapel Hill wrongful death lawyer. At Burton Law Firm, we focus on your needs and help you through this difficult time. Please contact us today for a free consultation.
Understanding The Types Of Compensation Available In Wrongful Death Cases
Losing a loved one is one of life’s most painful experiences, especially when it happens due to someone else’s negligence or misconduct. In these situations, family members may be entitled to file a wrongful death claim to seek compensation and hire a Chapel Hill, NC wrongful death lawyer. While no amount of money can truly compensate for a lost life, wrongful death compensation can alleviate the financial burdens that come with such an unexpected loss and help secure the family’s future. Here’s a breakdown of the types of compensation available in wrongful death cases and what each category covers.
1. Economic Damages
Economic damages aim to compensate for the financial losses directly resulting from the loved one’s death. These damages are often easier to calculate because they are based on measurable expenses and financial needs. Common types of economic damages include:
- Medical Expenses: If the deceased incurred medical costs due to the injury or illness that led to their death, the family might be entitled to reimbursement for these expenses.
- Funeral and Burial Costs: Funerals can be costly, and families are often overwhelmed by the expense. Wrongful death compensation can cover burial and funeral expenses, lessening the financial impact.
- Loss of Financial Support: This includes the loss of the deceased’s income that would have contributed to the family’s needs. Calculating this can be complex, as it often requires considering the deceased’s age, occupation, earning potential, and work-life expectancy.
2. Non-Economic Damages
Non-economic damages address the intangible losses that family members suffer due to their loved one’s death. These losses are more difficult to quantify, as they impact the emotional and psychological well-being of the survivors. Common non-economic damages include:
- Loss of Companionship and Love: This type of compensation recognizes the deep emotional loss suffered by family members. For instance, a spouse may receive damages for the loss of their partner’s companionship, guidance, and emotional support.
- Pain and Suffering: Family members, particularly immediate family members like spouses, children, or parents, may receive compensation for the mental anguish and emotional pain caused by their loved one’s death.
- Loss of Parental Guidance: Children who lose a parent can be compensated for the loss of guidance, nurturing, and moral support they would have received. This damage helps acknowledge the profound impact a parent’s loss has on a child’s development.
3. Punitive Damages
Punitive damages are not available in every wrongful death case but may be awarded when the death resulted from particularly reckless, egregious, or intentional misconduct. These damages are intended to punish the wrongdoer and deter similar behavior in the future. For example, if a company knowingly ignored safety regulations leading to an employee’s death, the court may award punitive damages to send a strong message to others in the industry.
Conclusion
Navigating a wrongful death claim can be challenging, especially when dealing with grief. Understanding the types of compensation available can help families feel more prepared and supported through this difficult process. Working with a Chapel Hill wrongful death lawyer from Burton Law Firm can make a significant difference in ensuring that families receive fair compensation, covering both financial and emotional losses. By pursuing a wrongful death claim, families can hold those responsible accountable, provide for their future, and find a small measure of justice in their loved one’s memory.
How Wrongful Death Lawyers Calculate Non-Economic Damages
Losing a loved one due to someone else’s negligence is devastating, and while financial compensation cannot replace the loss, it can help ease the burden of emotional and financial stress. In wrongful death cases, damages are often divided into two categories: economic and non-economic. Non-economic damages are particularly challenging to calculate because they involve intangible losses such as pain, suffering, and emotional distress. Here’s how Chapel Hill, NC wrongful death lawyers approach this complex aspect of a claim.
1. Understanding Non-Economic Damages
Non-economic damages compensate for losses that do not have a direct monetary value. In a wrongful death case, these typically include:
- Loss of companionship: The emotional loss of a close relationship with the deceased.
- Pain and suffering: The emotional and psychological impact on surviving family members.
- Loss of guidance or mentorship: The absence of parental guidance, especially for minor children.
- Emotional distress: The grief and mental anguish caused by the sudden loss.
Unlike economic damages, which are tied to measurable costs like medical bills or lost wages, non-economic damages are subjective and vary from case to case.
2. Factors Considered In Calculating Non-Economic Damages
Wrongful death lawyers evaluate several factors to arrive at a fair estimate for non-economic damages. These include:
- The relationship to the deceased: The closer the relationship (e.g., spouse, child, or parent), the more significant the emotional impact is likely to be.
- The age of the deceased and surviving family members: The younger the deceased, the more years of companionship and guidance lost, which can increase the damages.
- The circumstances of the death: If the death was particularly traumatic, such as in a violent accident, it could lead to higher non-economic damages.
- The personality and role of the deceased: A vibrant and actively involved individual often has a greater emotional impact on their family, which is factored into the calculation.
3. Methods Used To Calculate Non-Economic Damages
There is no universal formula for calculating non-economic damages, but wrongful death lawyers use several approaches to ensure the amount is fair and justifiable:
- Multiplier Method: This involves multiplying the economic damages (e.g., funeral costs, lost wages) by a number between 1.5 and 5, depending on the severity of the emotional impact.
- Per Diem Method: This assigns a daily value to the emotional suffering of the surviving family members, calculated over the expected duration of their grief and adjustment.
- Jury Comparisons: Lawyers may research similar cases to determine what courts have awarded in comparable wrongful death claims.
4. Presenting Non-Economic Damages In Court
Proving non-economic damages requires compelling evidence. Lawyers often use testimonies from family members, friends, and psychological experts to illustrate the depth of the emotional loss. In some cases, visual aids such as photographs, videos, and personal stories about the deceased can help humanize the claim.
Conclusion
Calculating non-economic damages in a wrongful death case is both an art and a science. Chapel Hill wrongful death lawyers from Burton Law Firm combine legal expertise, emotional intelligence, and evidence to arrive at a figure that reflects the profound loss experienced by surviving family members. While no amount of money can replace a loved one, these damages provide recognition of their irreplaceable role and help families navigate the challenges ahead.
Wrongful Death Lawyer FAQ
At Burton Law Firm, we understand that losing a loved one is one of the most devastating experiences anyone can endure. When that loss is caused by someone else’s negligence or wrongdoing, the emotional toll is compounded by the need to navigate complex legal matters. That’s where we step in. As Chapel Hill, NC wrongful death lawyers, we’re here to answer your questions and guide you through the process of seeking justice for your loved one.
What Is A Wrongful Death Claim?
A wrongful death claim is a legal action brought by the surviving family members of someone who has died due to another person’s negligence, recklessness, or intentional actions. This type of claim seeks compensation for the financial and emotional losses suffered by the family.
Common causes of wrongful death include car accidents, medical malpractice, workplace accidents, defective products, and criminal acts.
Who Can File A Wrongful Death Claim?
The eligibility to file a wrongful death claim varies by state, but generally, the following people can pursue a case:
- The deceased person’s spouse
- Children of the deceased
- Parents of the deceased
- In some cases, other dependents or the executor of the estate
We’ll review your specific situation to determine who has the legal right to file the claim.
What Types Of Compensation Are Available?
In a wrongful death case, we aim to recover compensation for both economic and non-economic losses, which may include:
- Medical Expenses: Costs incurred prior to your loved one’s passing.
- Funeral and Burial Costs: Expenses associated with laying your loved one to rest.
- Loss of Financial Support: The income your loved one would have provided.
- Loss of Companionship: The emotional impact of losing a spouse, parent, or child.
- Pain and Suffering: Compensation for the emotional distress caused by the loss.
We work diligently to ensure you receive the full compensation you’re entitled to.
How Long Do I Have To File A Wrongful Death Claim?
The time limit to file a wrongful death claim, known as the statute of limitations, varies by state. In most cases, it ranges from one to three years from the date of your loved one’s passing.
Because time is critical, we recommend contacting us as soon as possible to discuss your case and preserve your rights.
What Evidence Is Needed For A Wrongful Death Case?
To build a strong case, we gather evidence such as:
- Police reports or incident records
- Medical records and autopsy reports
- Witness statements
- Expert testimony to establish liability and damages
Our team handles all aspects of evidence collection and investigation so you can focus on healing.
Why Should I Hire A Wrongful Death Lawyer?
Wrongful death cases are complex, involving legal, financial, and emotional considerations. We Chapel Hill wrongful death lawyers provide the experience, knowledge, and compassion needed to navigate this challenging time. Our role is to fight for justice on behalf of your loved one and secure the compensation your family needs to move forward. We can help decide between settling and litigation.
We know no amount of money can replace your loved one, but holding the responsible party accountable can provide closure and financial security. If you’re considering a wrongful death claim, we’re here to answer your questions and support you every step of the way. Contact us today for a consultation.