Wrongful Death Claims

https://ncadvocatesforjustice.wordpress.com/2015/10/22/the-other-driver-was-at-fault-why-has-my-claim-been-denied/

Wrongful death occurs when someone's intentional or unintentional actions cause the death of another person. This could arise from negligence, medical malpractice, car accidents, premise liability, animal attacks, or slip and falls. The law accords the victim's representative financial compensation to recompense the loss of the surviving family members.  Here, we answer a few general questions about filing a wrongful death claim in North Carolina. 

Division of Award in a Wrongful Death Suit

As we explained previously, a wrongful death claim is one made by the personal representative of the decedent against the party allegedly responsible for the victim's death. If successful, the plaintiff will be awarded damages as determined by the jury or a settlement. How will these damages be divided?

Safety in Highway Work Zones

Tragically, during the national Work Zone Awareness Week, Department of Transportation worker William “Grey” Bailey was hit and killed in Wayne County while working on the median of U.S. Highway 70. He left behind a wife and two 18-month old twin daughters. State troopers claim that the 28-year-old driver who hit Grey was impaired; she had two children with her in the car and has since been charged with child endangerment, DWI, and felony death by vehicle.

Bedsores

Given the wide variety of medical malpractice topics, bedsores are among the least glamorous. Still, they deserve attention given the physical and financial costs they can precipitate. Also known as pressure ulcers, bedsores are prevalent primarily among the elderly in long-term care and nursing facilities. These injuries to the skin or underlying tissue--usually on top of a bony area, such as the tailbone, spine, or heels--are formed when the weight of the body exerts excessive pressure in one area of the body.

North Carolina Employer Insurance Information Made Private

On behalf of Melrose Law posted in Workers' Compensation on Tuesday, November 6, 2012

According to the laws of North Carolina, employers with three or more employees are supposed to insure their workers in the event of work-related injuries. Unfortunately, sometimes employees learn the hard way that their employers have been negligent and they will not receive any workers' compensation benefits, such as the ironic case of a workers' compensation fraud investigator working for an employee who did not insure him.

Truck Accident In North Carolina Scatters Logs On Road

On behalf of Melrose Law posted in Truck Accidents on Monday, October 8, 2012

State and federal laws regulate the trucking industry strictly-everything from the size of the truck to the driver's working hours are closely monitored to ensure truck accidents do not take place. A truck accident is devastating not only for the vehicles involved, but if the truck is transporting something flammable or heavy, it may also endanger the lives of other drivers.

Thousands Of Dollars Lost, Injuries Suffered In Truck Accident

On behalf of Melrose Law posted in Truck Accidents on Friday, November 23, 2012

A truck collision may leave many things in its wake, including fatalities, injuries, spills and traffic issues. But very rarely does one hear of an accident scattering money across the street, which is what happened in a recent North Carolina crash involving a Brinks truck and another vehicle.

Medical Malpractice Suit Against Four In Son's Death During Birth

On behalf of Melrose Law posted in Medical Malpractice on Friday, October 26, 2012

The birth of a child is a momentous occasion, one that carries with it tremendous happiness and anxiety simultaneously. All parents wait and hope that the birth of their new family member will be safe and without complications. North Carolina parents place their trust in the hands of their doctors to ensure things go smoothly. Unfortunately, one doctor's mistake or surgical error can lead to devastating complications that could result in a medical malpractice suit.

Hospital Negligence May Lead To Overdose Of Common Painkiller

On behalf of Melrose Law posted in Medical Malpractice on Tuesday, November 27, 2012

When North Carolina residents are admitted to a hospital, they may be worried about whether they will be okay or the outcome of a surgical procedure. Many people do not think about medical malpractice until something goes wrong.

A new study brings to light that one in every 15 hospital patients in two Boston hospitals gets more than the maximum daily dosage of acetaminophen, at least one time. The maximum daily dose is in place to avoid liver damage in patients.

North Carolina Traffic Fatalities Increased By 4 Percent In 2012

On behalf of Melrose Law posted in Car Accidents on Thursday, August 15, 2013.

As a state, North Carolina averages a shocking 205 car crashes per 100 million miles traveled. A recent report issued by AAA dissected this figure to determine which counties saw the most collisions in 2012 and the results showed that the same four counties topped the list for the third time in a row. In fact, one county was seeing its fifth consecutive year at the top of the list of the most dangerous counties in North Carolina with regard to vehicle accidents.

Report Finds Shocking Medical Error Statistics

On behalf of Melrose Law posted in Medical Malpractice on Thursday, September 26, 2013.

Even though there is great debate over the actual number of patients who pass away because of medical errors in hospitals, one thing is agreed upon: the number of deaths happening because of preventable errors is too high to be dismissed and the matter needs to be addressed as soon as possible.

North Carolina Woman Urges Reform To Reduce Fatal Truck Accidents

On behalf of Melrose Law posted in Truck Accident on Friday, October 4, 2013.

When thinking of the reasons for truck accidents, many people may only think of driver fatigue or material falling out of the truck. They may not even be aware that federal standards not only cover driving hours and weight of a truck, but also the metal barriers behind the truck called underride guards. These guards are in place to ensure other drivers do not end up sliding underneath the truck in event of a truck accident.

North Carolinian Suing Driver's Estate For Role In Car Accident

On behalf of Melrose Law posted in Car Accidents on Friday, August 9, 2013.

Losing a loved one in a sudden accident brings with an emotional burden that often takes time to resolve. Finding and holding the negligent driver accountable for their actions may be one way that accident victims and their family members may be able to receive closure. Compensation received through a personal injury or wrongful death lawsuit may be used not only to cover medical and funeral expenses, but can also be used to receive counseling to come to terms with the accident.

North Carolina Traffic Fatalities Increased By 4 Percent In 2012

On behalf of Melrose Law posted in Car Accidents on Thursday, August 15, 2013.

As a state, North Carolina averages a shocking 205 car crashes per 100 million miles traveled. A recent report issued by AAA dissected this figure to determine which counties saw the most collisions in 2012 and the results showed that the same four counties topped the list for the third time in a row. In fact, one county was seeing its fifth consecutive year at the top of the list of the most dangerous counties in North Carolina with regard to vehicle accidents.

29 Soldiers Injured In Accident In North Carolina

On behalf of Melrose Law posted in Car Accidents on Thursday, August 29, 2013.

Truck drivers are not the only operators of large vehicles who should be careful when navigating the roads during bad weather -- drivers of every large automobile, whether it is a bus or a bigger passenger car, should drive carefully when the roads are wet and visibility is reduced due to poor weather conditions. Recently, slippery roads may have caused an accident involving a bus carrying 45 Army reservists in North Carolina.

Seat belts reduce injuries in car accidents

On behalf of Melrose Law posted in Car Accidents on Thursday, October 10, 2013.

Even though it is one of the most common behaviors people across the country engage in every day, driving is also one of the most dangerous. 6,400 adults are injured in car collisions in any givenday, according to the Centers for Disease Control and Prevention. Many factors contribute to the millions of car accidents that take place every year and many of them can be avoided if people follow road rules, pay attention to the road and drive responsibly.

North Carolina’s contributory negligence rule and its effect on recovery

If you are injured by someone else's negligence, such as in a car accident, you most likely will suffer some degree of injury. With healthcare as expensive as it is, this can easily amount to thousands of dollars. Although you may think that you contributed to the accident (e.g. maybe you were speeding), you may think that you could recover your losses from the other driver's insurance company, since he or she was the overwhelming cause of the car accident. In most states, this is true. However, this is not necessarily the case in North Carolina.

Driving Distracted Is Dangerous for Teens

According to the National Highway Traffic Safety Administration, the number one cause of teen deaths is distracted driving. In addition, the AAA Foundation for Traffic Safety has stated the biggest cause of that distraction is the use of digital devices, like cellphones to send text messages. Sadly, many teens engage in texting or other distracting behavior while driving. Though preventable in many circumstances, the time spent to look away from the road can be the cause of severe and sometimes fatal accidents.

Report Shows Need for Improved North Carolina Worker Safety

According to statistics provided by the National Council on Occupational Safety and Health, 83 North Carolina workers died on the job in 2011. That number differs from the 53 deaths that the North Carolina Department of Labor has record of during that same period and shows that there is a potentially greater unreported problem.

Included in the reported 83 deaths, was high percentage of Hispanic workers. Hispanics make up only 7 percent of North Carolina's population, but alarmingly represent 30 percent of the workplace deaths last year.

New study reports that fewer teens are drinking and driving

North Carolina residents are aware that teenage drunk driving is a serious problem. Fortunately, a new study reveals that the number of teens who drink and drive dropped by half between 1991 and 2011.

Driving under the influence declining among teens

According to the U.S. Centers for Disease Control and Prevention, nine out of 10 teens under age 16 said they did not drink and drive in 2011. This is a 54 percent decrease from 1991.

Another defeat of measure to repeal North Carolina's helmet law

Since May is national Motorcycle Safety Awareness Month, a time to be focused on mindfully sharing the road with motorcyclists and ensuring their safety, it seems fitting that a recent proposal to repeal North Carolina's helmet law has been defeated now. Those who want to take away the legislative mandate to wear helmets, or at least only require it for novice motorcyclists and bicyclists, make similar proposals almost every year, but the state's lawmakers have yet to endorse such a measure.

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