Losing a loved one due to someone else’s wrongful action is a devastating experience that can leave your family overwhelmed. You might face sudden funeral costs and heavy medical expenses, all while grappling with the emotional toll of your loss. Our wrongful death lawyers at The Olsinski Law Firm fight to hold negligent parties accountable and seek the financial compensation your family needs to heal.
Wrongful deaths can arise from motor vehicle accidents, workplace accidents, or even intentional actions like assault. The legal path ahead often feels unclear when you must also manage grief and daily responsibilities. We provide dedicated legal counsel to assist you in taking legal action, from investigating the accident scene to filing complex court documents. Learn more about how to handle your legal claim for wrongful death below. Then, contact us for a free case consultation.
Our law firm devotes time, resources, and skill to pursuing justice for families going through a difficult time. Surviving relatives may face loss of income, emotional hardship, and ongoing medical care for trauma related to their loved one’s passing. By leveraging our experienced attorneys, we push for maximum compensation that recognizes these burdens and helps secure your future.
As personal injury attorneys with extensive experience in wrongful death matters, we understand the complexities of pursuing wrongful death claims. We aim to ease your stress by taking over the legal process—from corresponding with insurance companies to gathering evidence of wrongdoing. Whether intentional actions or pure negligence caused your loss, we approach each step with attention to detail and empathy. Together, we stand against tactics used by at-fault parties that attempt to minimize or deny liability.
Under North Carolina wrongful death laws, a wrongful death occurs when a person’s death results from another party’s negligence, breach of duty of care, or other wrongful acts leading to death. Similar to a personal injury claim, a wrongful death case seeks damages to compensate for the harm caused by someone else’s conduct. This might include burial expenses, lost support, and intangible losses like grief and loss of companionship. Families must often act quickly to ensure evidence remains intact and that they meet time limits for litigation.
Unlike some other civil claims, wrongful death claims must be brought by an estate representative, usually the executor or administrator. The estate may recover a range of types of damages, from direct costs like funeral expenses to intangible harms caused by losing a loved one. Because each family’s situation differs, our wrongful death attorneys analyze every detail to determine appropriate compensation. We understand how much is at stake and strive to deliver robust legal representation during this emotionally charged ordeal.
Fatal accidents or intentional actions can lead to both criminal and civil cases. Criminal homicide addresses violations of traffic laws or other statutes aimed at punishing wrongdoing on behalf of the state. In contrast, wrongful death lawsuits let surviving relatives demand compensatory damages from responsible parties. The outcome of a criminal trial does not dictate the result in civil court, and families may still succeed in wrongful death lawsuits even if prosecutors cannot secure a conviction.
In a wrongful death civil suit, you must show how a wrongful action or negligence caused the loss of life. The criminal case focuses on punishing the offender with prison or fines, while civil proceedings pursue financial compensation for survivors. In addition, the burden of proof is different. Criminal cases require guilt beyond a reasonable doubt, but civil cases rely on a preponderance of evidence. This gap sometimes allows families to secure justice in civil court despite an acquittal in criminal court.
Wrongful death laws in North Carolina specify that only a personal representative of the deceased’s estate may file. This representative is either named in the deceased’s will or appointed by the court if none is specified. The claim proceeds on behalf of beneficiaries who would inherit under North Carolina inheritance laws, such as a spouse, child, or parent. By centralizing the authority in one person, the law reduces confusion over multiple suits.
The representative has a fiduciary duty to act in the best interests of all heirs. Any recovered sums are distributed according to wrongful death laws that dictate how proceeds are split among family members. We clarify these distribution rules, so you know what to expect once the lawsuit concludes.
Families seek wrongful death lawsuits for a variety of tragedies, each linked to negligence or misconduct. No matter how these wrongful deaths occur, the survivors suffer substantial losses. A few common examples include:
Motor vehicle accidents often top the list of causes for wrongful death claims, especially when truck accidents are involved. High-speed collisions create lethal force, and negligent parties who fail to drive carefully or follow traffic rules may be the party accountable. Many of these crashes result from texting, reckless speeds, or DUI. We gather accident scene crash reports, witness statements, and police data to show how another driver failed to operate safely.
Riders face heightened risk on busy roads because bikes offer minimal protection. A property owner who neglects sidewalk conditions or a motorist who ignores right-of-way laws can trigger bicycle accidents. Impact can cause broken bones, brain injuries, or other lethal harm. Through thorough investigation, we determine if a road hazard or driver error caused the fatal collision.
Workplace accidents at factories, construction sites, or industrial settings can be extremely dangerous. Falls from heights, faulty equipment, or disregard for safety measures can produce lethal results. Surviving families may pursue wrongful death lawsuits beyond typical workers’ compensation if a third party shares the blame. We examine training protocols, site records, and any defective products to see if outside negligence contributed.
Healthcare providers must follow strict standards of care, whether in hospitals or elder-care facilities. Failure to diagnose serious conditions or administering the wrong treatment can lead to life-ending complications. Nursing home staff also risk committing abuse or neglect if they do not supervise residents properly. Proving malpractice requires medical expertise and knowledge of relevant procedures.
Pedestrian accidents often occur when drivers ignore crosswalks or fail to yield to those on foot. Without the shield of a car frame, victims bear the full brunt of the impact. High-speed or inattentive driving can lead to instantly fatal injuries. We review traffic laws and witness accounts to show how the driver disregarded safety obligations.
Sometimes, an assault or other violent offense ends in a tragic death. Even though the authorities may file criminal charges, families can file wrongful death claims in civil court. Holding the individual or organization behind the violence financially accountable offers some measure of justice. We coordinate with law enforcement and use available evidence to build a compelling case for compensation.
There are several criteria we must meet to win a wrongful death case. They include:
First, you must prove the defendant owed your loved one a duty of care. Drivers, for example, must operate vehicles responsibly, and property owners must maintain safe premises. This legal obligation forms the basis of liability.
Next, the family must show how the defendant’s conduct fell short. A driver might have violated posted speed limits, or a doctor may have ignored standard protocols. We collect records, statements, and other evidence to illustrate that lapse.
The death must directly stem from the defendant’s actions, not from an unrelated factor. If negligent parties triggered a chain of events that ended in death, liability attaches to them. We rely on medical reports or forensic experts to link the wrongdoing to the fatal outcome.
Calculating the value of wrongful death actions involves quantifying expenses like burial expenses, funeral costs, and lost future earnings. We also examine intangible harms like loss of companionship. Receipts, wage histories, and expert testimony guide us in setting a legal claim amount.
A successful action can yield different types of damages depending on the circumstances. A few common types of damages we pursue for our clients include:
By seeking a fair total for each relevant category, you stand a better chance of achieving financial security. A thorough claim ensures no piece of your loss goes unrecognized.
Hiring an advocate spares you from tangled legal process steps during an already difficult time. A few ways we can support your family include:
These services help you hold parties accountable for your loss. In doing so, we aim to deliver peace of mind and a sense of justice for your family.
In many cases, families have two years from the date of death to file suit. Missing the window often invalidates your claim, so seeking counsel early helps.
A previous settlement might limit further legal options. Always consult an attorney before signing agreements that could affect your right to additional compensation.
No. Criminal charges like homicide aim to punish the defendant, while wrongful death claims seek compensation for survivors. Each follows different rules and burdens of proof.
Many suits are resolved via settlement without trial. If the defense refuses a fair offer, the case may proceed to a courtroom.
Any fatal accidents involving negligence or misconduct could qualify as wrongful death. You still must prove the defendant’s breach of duty of care caused the loss.
No family should shoulder the consequences of another’s careless or deliberate wrongdoing. Our law offices at The Olsinski Law Firm offer an initial consultation at no cost to learn about your situation and possible steps forward. We handle cases on a contingency fee basis, meaning we only get paid when we succeed for you. Reach out today through our contact form or call our office to begin.
