Wrongful Death and Catastrophic Injury
Attorney Raleigh, NC
Wrongful Death and Catastrophic Injury Attorney Raleigh, NC
North Carolina’s Law has been crafted to provide the indemnity for damages not only to the aggrieved party but also to his family. Let’s take the case of wrongful death for instance, part of its definition states that:
North Carolina Statute Section 28A-18-2. Death by the wrongful act of another; recovery not assets.
(a) When the death of a person is caused by a wrongful act, neglect or default of another, such as would, if the injured person had lived, have entitled the injured person to an action for damages therefor, the person or corporation that would have been so liable, and the personal representatives or collectors of the person or corporation that would have been so liable, shall be liable to an action for damages, to be brought by the personal representative or collector of the decedent; and this notwithstanding the death, and although the wrongful act, neglect or default, causing the death, amounts in law to a felony.xxx
Wrongful death occurs when the death of a person is caused by the wrongful act, neglect, or fault of another. The legal representative or the personal representative of the aggrieved party’s estate (called executor or executrix) or surviving family members may file a civil case for the redress of grievances, including damages.
A wrongful death claim is a civil case drawn from a felonious act. Meaning, the liability of the defendant to this effect would be in terms of a monetary claim. On the contrary, in a criminal case, the proper party who has the right to file the case is the Prosecuting
A wrongful death claim is a civil case that may be filed by the representative of the aggrieved party against the defendant even simultaneously during the determination of the relevant criminal case. This case should be filed within two (2) years from the date of death of the aggrieved party, per the provision of the North Carolina’s Statute of Limitations. Otherwise, the court will refuse to hear the case.
Due to the intervention of the Statute of Limitation, you may avail of the services of an experienced and efficient attorney to guide you throughout the litigation.
The claim for damages on the basis of the wrongful death includes:
Moreover, punitive damages may also be awarded by the court in some North Carolina wrongful death cases. This type of damage is set to provide an example that the commission of wrongful death is not tolerable when it is caused by malice or willful or wanton conduct. In essence, it is being carried out to warn the public that such a similar behavior is highly reprehensible.
The monetary claim in wrongful death will be distributed for the following:
1. Payment for the estate for the expenses incurred for pursuing the case;
2. Payment for the Attorney’s fees and costs;
3. Payment for the medical bills and burial expenses;
4. Distribution to the beneficiaries.
One of the causes of wrongful death is the catastrophic injury where the victim suffered a disabling physical impairment due to a malicious act of the defendant that causes the death of the victim. Catastrophic injuries are those life-threatening and basically permanent disability injuries like traumatic brain injury, spinal cord injury and other injuries that result in severe cognitive or physical disabilities. Meaning, these are fatal injuries and the personal representative may file a case for wrongful death.
One of the best examples is when the deceased suffered a severe head trauma caused by a vehicular accident that caused his death. This catastrophic injury that led to the death of the victim may now be utilized as the basis for the filing of a civil case for the
wrongful death of the deceased.
The case of a catastrophic injury and wrongful death is a perplexing situation that needs the expertise of a proficient and experienced lawyer in Raleigh, North Carolina.
In this connection, it is highly advisable to avail of the services of Karl Knudsen Law. The Law Offices of Karl E. Knudsen will provide you with the utmost support and protection to preserve your rights.
The Law Offices of Karl E. Knudsen Provides Caring, Quality, Individualized Representation of The Injured and The Accused.