Wrongful Death

Nothing is more difficult than losing a loved one. However, when his or her death was the result of another person’s negligence, you may be struggling with not only extreme sadness, but also confusion and anger.

You may be wondering how the accident or medical malpractice occurred and how it could have been avoided. You may also be worried about making ends meet without his or her income. It is important you reach out to an attorney experienced with helping families through this most difficult time, as they can help reduce some of the stress on your shoulders while you focus on healing.

At Melrose Law, we have helped numerous families in North Carolina bring negligent parties to justice and obtain the compensation they need following a loved one’s death. While we know that nothing can ever take away the pain of losing someone you love, we have also seen how beneficial it can be to resolve the questions surrounding his or her death, and obtain compensation to help give your family time to heal and move forward. To discuss your case with Waynesville and Asheville wrongful death attorney in a free consultation, call 800-222-2430.

Compassionate Representation at a Difficult Time

Attorney Mark Melrose has more than 30 years of experience helping the family members of wrongful death victims file lawsuits against those whose negligence has caused the death of others. We understand that you may be hesitant to see a loved one’s death scrutinized in the courts. However, a lawsuit can provide the opportunity for emotional closure and much needed financial support. Civil law can only provide monetary compensation, but large verdicts and settlements against wrongful parties can help change behavior, especially when the wrongful party is a big business, trucking company, or hospital.

The statue of limitations for filing a wrongful death lawsuit in North Carolina is just two years from the date of death, so it is important to contact an attorney as soon as possible. We have found that the sooner these cases are resolved, the sooner your family can begin healing.

Whether your loved one was killed in a fatal car accident, motorcycle accident, trucking accident, medical malpractice, or any other neglient act by another preson, we have the experience and compassion to guide you through this difficult time in your life. As lawyers who reprsent families grieving the loss of loved ones in Buncombe County and all of western North Carolina, Melrose Law can help guide you through this difficult process.

How do Wrongful Death Claims work in North Carolina?

In North Carolina, the estate of the deceased victim has the right to file a lawsuit to recover compensation against the responsible party. If your loved one died without a will, thhe surviving spouse or other next of kin may qualify as the administrator of the victim’s estate. Any recovery made by the estate of the victim will pass to the victim’s next of kin pursuant to North Carolina’s Intestate Succession Act.

To recover for wrongful death in North Carolina, the estate of the decent must prove four things:

  • That the responsible party had a duty to the person who died. For instance, every motorist has a duty to drive responsibly on North Carolina’s roads and not cause an accident.
  • That the responsible party breached their duty to the victim. Using the above example, that the negligent party did not drive responsibly.
  • That the responsible party’s breach of their duty caused the harm to the victim (the responsible party’s decision not to drive responsibly is what caused the victim to die).
  • That the wrongful death caused harm (this is essentially a given in a wrongful death action). This harm can include the pre-death pain and suffering of the victim, the victim’s medical expenses, the loss of the companionship, care, advice, comfort, and services to the victim’s next of kin, and the loss of the victim’s income to the surviving family members.

Did You Lose a Loved One Due to a Fatal Injury?

To schedule a free consultation with experienced Melrose Law, call 800-222-2430 or contact us online. We do not collect legal fees unless we recover damages for you. We have three North Carolina locations in Asheville and Waynesville to better serve your needs.

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$3.025 Million settlement by Mark R. Melrose and co-counsel in a medical malpractice case for 40 year old man who suffered a devastating stroke after his surgeon failed to diagnose the cause of his bowel infarction. The doctor failed to read the echocardiogram which had clear evidence of a blood clot. This clot then broke apart and caused the stroke.

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