Asheville families who have lost a loved one to a terrible accident are asked to cope with intense grief and sadness. Unfortunately, families can also be hit with overwhelming financial obligations during such a difficult time.
Melrose Law stands with victimized families and helps them seek justice. Anyone at fault for a tragic death should be held responsible for any costs and financial losses the victim’s family suffers. We offer a free, confidential consultation to all family members. It’s a no-risk opportunity for close relatives to determine how to hold negligent parties fully responsible.
Should My Family Have a Lawyer For a Wrongful Death Case?
When a deadly accident is caused by someone’s mistake, perhaps by a reckless driver or a negligent company, it’s a good idea for families to go over their cases with a skilled Asheville wrongful death lawyer. North Carolina’s Personal Injury Laws empower families to file wrongful death claims to seek support from those who contributed to a tragic death.
Unfortunately, this support is never guaranteed. Those at fault and their insurance providers will usually fight very hard to avoid blame. Common insurance tactics include trying to make it look like the victim caused the accident. Insurers can also delay responding to a claim, hoping a family will get desperate enough to accept less than they need in a settlement.
Your family’s wrongful death attorney is a safeguard for your case and a shield against these unfair tactics. A lawyer can also improve the outcome of your case. A skilled Wrongful Death Attorney has a good chance to earn your family much more in support than they could by handling a claim themselves.
These are just a few of the actions your attorney will take that can greatly benefit your family:
- Investigates your loved one’s accident to make sure the facts of what happened can’t be changed
- Uses the evidence collected to build a strong wrongful death case that insurers will find difficult to dispute
- Handles the frustrating communications and negotiations with unhelpful insurance adjusters while causing as little disruption as possible to grieving families
- Works to secure the most in compensation for your family’s future
- Represents your case against corporate lawyers if an at-fault business involves its legal team to try to avoid liability
- Examines settlement offers with the victim’s estate representative and assists in rejecting offers that don’t provide enough in support
- Goes back to the negotiating table to demand more on your family’s behalf
- A lawyer has your case ready for a lawsuit if those responsible won’t provide an adequate settlement that completely protects loved ones
The Types of Wrongful Death Claims We Represent for Local Families
Wrongful Death claims arise from any fatal accident that was caused by someone’s reckless action or negligence. A wrongful death claim can follow a major car accident caused by a speeding motorist or a dog attack allowed by an irresponsible dog owner.
These scary hazards and others can result in life-threatening injuries and the tragic loss of life.
These are just a few of the types of wrongful death cases we help families file and demand support for:
- Fatal car accidents involving drivers, passengers, cyclists, motorcyclists, and pedestrians
- Deadly workplace accidents
- Premises liability injuries, including drownings in pools and deadly falls
- Sports/Recreation Injuries
- Accidents at fun parks
- Life-threatening injuries caused by defective products brought into our homes
- Medical malpractice
- Assisted living negligence
- Deadly dog attacks
Information for Families of Victims Killed in Asheville Car Accidents
How do Wrongful Death Claims Work in North Carolina?
In North Carolina, a personal representative for the deceased victim’s estate files a wrongful death claim on behalf of the victim’s family. The personal representative is usually named in a will. A wrongful death lawyer works with the representative to see that family members get every benefit available.
If your loved one died without a will, the 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.
To recover for wrongful death in North Carolina, the estate of the deceased 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, 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 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.
Who Can Benefit from a Wrongful Death Claim in North Carolina?
North Carolina prioritizes the immediate family when wrongful death benefits are awarded.
A spouse and children would have first access to settlement money or a judgment awarded in court.
If the deceased had no spouse or children, these family members, in order, could claim benefits:
- Grandchildren of the victim
- Parents of the victim
- Siblings
- Aunts and Uncles
True eligibility must be assessed for each case and can differ for each claim. A skilled WNC Wrongful Death Lawyer can help families determine who should receive benefits and make sure settlement money is fairly divided.
What Type of Support Can My Family Receive in a Wrongful Death Claim?
Melrose Law would make sure every hardship the family faces now and in the years to come was compensated in a wrongful death claim. Nothing can bring back the life of a lost loved one, but those left behind should never struggle with mounting bills left by an accident caused by someone else’s mistake.
Every damage the family endures must be included when submitting a claim, because anything left off is something insurers can ignore. If it isn’t mentioned, insurers can leave it for the family to pay or cope with.
An Asheville wrongful death attorney demands support for all of the family’s losses and for a few things many people don’t realize they can receive support for:
- Coverage for the expense of a funeral and burial
- Replacement of the income the victim may have supported the family with each month
- Support for the emotional trauma that family members have had to endure
- Support for the protection and personal guidance the deceased can no longer provide
- Support for the milestones in life that the deceased didn’t live to see, such as graduations, weddings, and the birth of children
- Support for the loss of intimacy suffered by the spouse of the victim
- Support for the loss of companionship, especially for parents who have lost a child in an accident
- Expenses of counseling and other mental health services
Families are also allowed to file a claim known as a “survival action.” This legal action seeks money to cover the difficulties the victim endured if the victim survived for a period after the accident.
A survival action would request support to cover the medical bills the deceased may have built up before passing on. The action would seek money to cover ambulance fees and accident response fees. The pain and suffering the victim went through before passing on could also receive additional compensation.
Investigative Resources for Families Who Lose a Loved One to a Fatal Accident
Without a lawyer to investigate a wrongful death and collect evidence, families may need to secure certain documents and details on their own. Here is some information that can hopefully help loved ones get the important information they’ll need for a wrongful death claim.
After a deadly traffic accident in WNC, families may need an accident report from investigators to prove a loved one wasn’t at fault for a collision. You can request accident reports in a couple of places, depending on which department investigated the crash:
- An accident report from the Asheville Police Department (APD) can be requested online. You can find out more about securing an accident report on our informational page.
- An accident report from the Buncombe County Sheriff’s Department or the NCSHP would also be requested online. We have more information about securing this valuable document here.
In some cases, families may need information from a medical examiner about the cause of death and the manner of death. A Chief Medical Examiner’s report can provide this information and help families prove fault and secure financial support.
- North Carolina Office of the Chief Medical Examiner. Families can fill out a request form here.
Mental Health Resources for Grieving Families in Western North Carolina
It’s understandable that family members who have been put through so much would need more than financial assistance after a tragedy.
Victimized spouses, children, and close relatives can also need help getting through the grieving process. They may require professional therapy. Victims may also just need someone to talk to who understands.
Locally, Mission Hospital of Asheville partners with several support groups in the area. The Hospital highlights the services available at CarePartners Solace Center at 21 Belvedere Road in South Asheville.
Family members in mourning can join a variety of specific groups that suit their needs:
- Grief 101 – Mission Hospital recommends that those interested in grief support attend this informational meeting to learn about all the different groups available.
- Men’s Group
- Spouse/Partner Loss Group
- Journey Through Grief Group
- Groups that Meet in Brevard, Franklin, and Marion
Frequently Asked Questions
How long can my family wait to file a wrongful death claim in North Carolina?
In most cases, North Carolina allows families to wait up to two years from the date of the death to file a claim. Victimized families shouldn’t wait years to act, though. After months of delay, evidence can disappear, and witnesses can become hard to locate. Explore your options with a lawyer as soon as possible.
What if my family can’t afford to pay an Asheville wrongful death attorney?
With the “contingency fee” payment structure that Melrose Law follows, any family can afford excellent legal representation. Working under a contingency fee means that our wrongful death lawyers don’t get paid unless they win the case for your family. But upon winning a case, families still don’t have to find the money to pay an attorney’s fee. The fee comes out of the settlement money that the insurance company must pay your family.
Should I Speak to Any Insurance Adjusters Who Call My House After a Deadly Accident?
Only offer basic information. Refer them to your wrongful death attorney. Insurers will try to get you on record, saying something they can twist later to hurt your family’s case. They may look for information they can use to try to make it seem like your loved one was at fault for what happened. They can also try to talk you into accepting a quick settlement, knowing that you can get much more than they are offering. Once you sign off on a settlement agreement, your family can’t go back to ask for more money when the true scope of the financial damage now and in the years ahead is truly understood.
Contact an Asheville Wrongful Death Attorney
Our lawyers offer free consultations to family members in Asheville, Waynesville, and across Western North Carolina. This informational session is always completely confidential and comes without any obligation.
If you require our help to earn your family more in support, we can handle the frustrating wrongful death claims process while giving you and your loved ones additional time to mourn in peace.
