It is unfortunate that fatalities occur in car accidents, far more often than imaginable. Such an event is tragic and the family will need ample time to deal with their grief. But it is also important for the surviving family members to remember that they do have rights in this situation. If the car accident was caused by the negligence of another driver, the case is considered to be wrongful death. By filing a lawsuit with a car accident lawyer in Greensboro, NC, the family can be sure they receive aggressive representation.
Important Steps to Take As Soon As Possible:
- Call an Experienced Car Accident Lawyer in Greensboro, NC. This is the first step to take when you think you may have a wrongful death case. While you do have up to 2 years in the state of North Carolina to file a wrongful death claim, it is always best to file it as soon as possible. Gathering all the necessary documentation is easier and more accurate soon after the accident takes place, especially when it comes to witness statements. It may seem daunting and difficult to face while your grief is still so fresh, but an experienced lawyer will make the process as easy and comfortable as possible. The sooner you file, the better your chances of being awarded due compensation.
- A Personal Representative Must Be Appointed. Typically the lawsuit is filed by the executor of the estate. If that person chooses not to file a claim or if there is no estate, another family member can be appointed the personal representative by the court.
- Damages are Pursued. The family can seek compensation for any of the following:
- Medical expenses
- Funeral and burial expenses
- Pain and suffering the deceased experienced before death
- Loss of income for the deceased
- Loss of the deceased person’s services and companionship
Once the lawsuit has been filed, the attorney will gather information to prepare the claim. Once the claim goes to court and the court rules, any damages awarded must be first applied to the estate to repay any amount used toward pursuit of the claim. Next the attorney fees are paid and then any outstanding funeral costs, burial costs, or medical bills. Any leftover damages are distributed to the beneficiaries according to the established estate.
It is Your Right to Pursue Wrongful Death with a Car Accident Attorney in Greensboro, NC
Many wrongful death cases go unpursued for a variety of reasons. Some family members are not aware of their rights in the case of a loved one’s fatal car accident. Others may feel that they don’t wish to burden the other party who may be at fault. Some fail to file the claim within the necessary 2 year period following the accident. Even if the statute of limitations has passed, your attorney still may be able to help. If you have lost a family member to a car accident that was the fault of another party, call an experienced car accident lawyer in Greensboro, NC, like Don Vaughan and Associates: (336) 273-1415.