WRONGFUL DEATH LAWYERS
Representing Families of Wrongful Death Victims
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What Qualifies as Wrongful Death
North Carolina law does not list specific grounds for a wrongful death lawsuit. Incidents that may lead to a wrongful death lawsuit include, but are not limited to:
- Car accidents that result in fatalities, particularly those caused by impaired, distracted, speeding, or otherwise negligent drivers
- Fatal accidents involving tractor trailers caused by violations of Federal Motor Carrier Safety Administration regulations
- Deadly motorcycle or moped accidents
- Boating, Jet Ski, water skiing, and tubing accidents
- Defective products, such as dangerous drugs or defective medical devices
- Medical malpractice or negligence
- Workplace injuries, including occupational exposure to hazardous materials or substances
What Will Our Wrongful Death Attorneys Do?
A wrongful death attorney at Edwards Kirby will perform the following when handling a wrongful death claim:
- Investigate the cause of death
- Determine the party responsible for the wrongful death
- Identify applicable insurance policies to provide compensation
- Determine individuals entitled to receive compensation
- Establish estate
- Collect evidence of damages
- File insurance claims
- Prepare wrongful death lawsuits
How hard is it to prove wrongful death?
Wrongful death cases are especially complex. To be in a position to win a wrongful death lawsuit, the plaintiff needs to be able to prove that the defendant owed a duty to the victim and that it was breached due to the defendant’s negligence.
Who can file a wrongful death lawsuit?
A wrongful death lawsuit, in North Carolina, may be filed by the personal representative of the deceased person’s estate, which is either the Executor or the Administrator. Edwards Kirby works with experienced estate attorneys to help make this process as smooth and easy as possible.
What is the difference between a murder and a wrongful death?
The difference between a murder and a wrongful death comes down to intent. By law, to convict a party of murder, there must be a burden of proof beyond a reasonable doubt that the defendant is 100% responsible for the death, as well as proof of this intent. In the case of wrongful death, the burden of proof comes down to the “preponderance of evidence,” meaning that the plaintiff must prove that there was at least a 51% chance the defendant is responsible for the victim’s death. Civil and criminal cases are not mutually exclusive; meaning that civil cases for wrongful death can be filed in addition to corresponding and ongoing criminal cases.
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Call 919-780-5400 or fill out our online form to request a free consultation. You won’t pay unless we win!