Wrongful Death
The death of a loved one is a staggering loss, and a wound that never can be truly healed.
Though a lawsuit can never compensate for all that these families have lost, it can help provide closure in instances where a loved one’s death was caused by someone else’s negligence or misconduct.
North Carolina law allows family members to file suit for wrongful deaths resulting from workplace accidents, medical errors, automobile, truck and motorcycle accidents, defective products and other causes.
Family members may be entitled to:
- The value of lost wages and benefits, now and in the future
- Compensation for the loss of companionship, love and affection
- Monetary compensation for emotional pain and suffering caused by the death of a loved one
- Additional damages designed to punish responsible companies and individuals and to prevent similar future tragedies.
Workplace Deaths
Every year, nearly 6,000 workers are killed on the job in the United States. North Carolina ranks ninth in the nation for workplace deaths behind California, Texas, New York and many other states with larger populations than ours.
Because of the nature of their work, construction workers face the highest risk of dying on the job. But deadly workplace accidents can happen to anyone. In fact, more U.S. workers are killed in on-the-job traffic accidents than any other type of work accidents. Workplace deaths due to falls and falling objects are also common.
Men and women, as well as workers of every race and ethnicity, are at risk.
The incidence of workplace deaths is particularly high among workers younger than 20 and those older than 55.
Latino workers face an increased danger of dying on the job. Fatal workplace includes among Hispanics are on the rise, according to the U.S. Bureau of Labor Statistics. Since 1992, when the Bureau of Labor Statistics began tracking workplace deaths, there has been a 72 percent increase in fatal injuries among Hispanics. At the same time, on-the-job deaths have declined among whites, African Americans and Asians.
Defective Products Deaths
We expect the products and medications that we use daily to be safe.
But the reality is that not all are, as evidenced by the sheer number of recalls issued every year by the U.S. Consumer Product Safety Commission and the Food and Drug Administration.
Every year, thousands of people in North Carolina, are injured by defective or unsafe goods. Some are killed. Product manufacturers and distributors are legally obligated to ensure that their products are safe and do not harm people who use them. When they fail to do so, they can be held liable for the injuries and deaths these products cause, particularly if these companies ignored warnings of potential dangers.
Motor Vehicle Deaths
Motor vehicle accidents are a leading cause of death in the United States, particularly among children, teenagers and younger adults. Thousands of pedestrians also are killed every year after being hit by vehicles.
While some are truly accidents, many fatal car, truck and motorcycle crashes are preventable. In many instances, someone’s negligence, error or misconduct is to blame.
Distracted driving, speeding, drunken driving, aggressive driving, driver errors and a host of other behaviors can have deadly consequences.
If a loved one was killed in a motor vehicle accident, an attorney can advise whether you have a wrongful death claim. As with other wrongful death cases, your family may be entitled to compensation for the financial and emotional losses you have suffered.
Medical Malpractice
Deadly medical errors are far from uncommon. A 1999 Institute of Medicine report revealed that as many as 44,000 to 98,000 people die in hospitals every year because of medical errors. In fact, medical errors are the eighth leading cause of death in this country, behind motor vehicle accidents and breast cancer.
The same report revealed more than 7,000 deaths due to medical errors, more people than die every year in workplace-related incidents.
In fact, the number of deaths from medication errors and other medical malpractice may be higher. Determining the actual cause of death can be a very complex process, and many grieving families accept their health care provider’s explanation without question.
Medical malpractice can occur in many ways, such as through surgical mistakes, misdiagnosis, medical errors and inadequate nursing care. While physicians, nurses, and other health care providers may be held accountable in medical malpractice cases, so too may the treating hospital or physician’s office.
Rarely are medical malpractices cases clear cut. The victims of medical malpractice often are already in poor health or suffering from a serious medical condition. These illnesses and conditions may be blamed for their injuries or deaths, when medical malpractice was actually the cause.
If a family member died while receiving medical care and you suspect medical malpractice as the cause, it’s important to consult with an attorney with expertise in this area. While a wrongful death lawsuit cannot ease the pain or compensate for such a tragic loss, it can help provide closure. These cases also serve to punish the companies and individuals who caused these untimely deaths and to ensure that similar deaths don't occur in the future.
For immediate assistance, call us toll free
1-866-373-1130 or submit your inquiry online.
