| Wrongful
Death
At The Law Offices of Richard Flexner we are
serious about helping accident victims
and work hard for the people we
represent. We are dedicated to protecting
the rights of our injured clients in
cases involving serious personal
injuries and wrongful death throughout
North Carolina. Rich Flexner is a North
Carolina trial attorney with more than
25 years of experience in these cases.
In legal terms, wrongful death refers
to a fatality that occurs because of the
negligence or misdeeds of another
person, corporation or entity. Part of
the "personal injury" tort
family, wrongful death holds an
individual, group or corporation
(defendant) accountable for causing
injury to another person (plaintiff).
The primary goal of a personal injury
tort is to provide relief (damages) to
the plaintiff and to deter the defendant
from inflicting further harm to others.
In a wrongful death action,
consideration is given to the earnings
the deceased would have provided to
their family had they lived and damages
are awarded to survivors based on this
monetary loss. Survivors may also
receive damages for medical and funeral
expenses for the victim, estate
administration expenses, survivor's
emotional pain and suffering, and
punitive damages (intentional harm
judged to be exemplary).
State laws vary as to who may pursue
a wrongful death claim. Generally, it is
the immediate family members (spouses,
children and parents). However, some
states allow grandparents, legal
dependents or members of the extended
family to file suit. The amount of
damages awarded will depend on the
plaintiff's relationship to the
deceased, while the compensation for
damages may include compensation for the
following:
- Reimbursement for all
medical expenses incurred as a
result of the negligence. ·
Reimbursement for the loss of any
future income.
- Reimbursement for property damage,
if applicable.
- Reimbursement for any future
services normally provided to you by
the person who has died.
- Reimbursement for loss of
consortium, meaning a spouse's right
to the companionship, help and
affection from the person who has
died.
- Reimbursement for any punitive
damages if the negligence was found
to be gross or willful.
Typically, wrongful death suits
involve vehicular accidents (aviation,
automobile, ATV, motorcycle, or
railroad), defective products, medical
malpractice, pharmaceutical liability,
and a number of other situations. The
common element in most tort actions is
negligence, which is characterized by
inattention, thoughtlessness,
inadvertence, and mistakes. Negligence
must be proven in wrongful death cases
and The Law Offices of Richard Flexner is
skilled in helping clients prove that
the four critical components of
negligence exist in their claim:
- The defendant had a duty to the
deceased;
- The defendant failed in that duty
(breach of duty);
- That the fatality was caused by
the defendant's breach of duty; and
- That the survivors are entitled to
damages as a result of the loss of
their loved one.
In addition to establishing
negligence, the joint life expectancy of
the deceased and the survivor or
beneficiary must be presented (to
establish the loss of future earnings)
and the relationship of the survivor and
deceased must also be shown. Finally,
effective presentation of the
non-economical or emotional loss
suffered by the survivor is critical to
a fair award of damages.
If you feel that you have the basis
for a wrongful death suit, contact us
immediately. Our goal is to get you the
maximum possible settlement or award for
your injuries. Please call The Flexner
Law Firm, P.A. at 1-800-FLEXNER or
910-794-3221,
for your free legal consultation. You
may also contact us through our online
form.
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