Filing a claim and calculating damages can be factually complicated, legally complex, and emotionally challenging. The wrongful death lawyers at Speaks Law Firm can walk you through the entire process. We take care of everything. We gather evidence, construct legal theories, and tell the story of loss and how others are affected.
Your Wilmington, NC, Wrongful Death Lawyers
After the loss of a loved one, the pain can be unbearable. Grief can be overwhelming. Depending on the circumstances, it can be difficult to get out of bed. It can be even more challenging to consider legal action. At some point, the ones left behind have to decide whether pursuing a wrongful death claim is necessary.
That question is likely to produce additional questions. What makes a successful wrongful death suit? What is involved in pursuing the claim? Are there time limitations? Who should we pursue? Will it be worth it? What is the process? What should we do first? Are there things we shouldn’t do? Are there things we shouldn’t say? When should we start? How can I find the best lawyer to talk with about these issues?
The Wilmington wrongful death lawyers at Speaks Law Firm are available to answer these questions. You can call us now. You can also chat with one of our on-line operators or fill out the “Get Help Now” form on this page. Below, we answer some basic questions. Call as more specific questions arise.
What is Wrongful Death?
A wrongful death claim arises when one person dies as a result of the negligent or intentional conduct of another. How the family responds to the tragedy could determine whether the claim is successful or not. Evidence must preserved. Causation must be established. Our wrongful death lawyers take care of everything. We can help you recover all of the compensation to which you are entitled under the law.
Typical Causes of Wrongful Death
- Industrial Accidents
- Car Accidents
- Truck Accidents
- Motorcycle Accidents
- Accidents Involving Land, Buildings, or Structures
- Medical Negligence
- Workplace Accidents
- Dangerous Drugs
When a person dies under these circumstances, it is typically the family who must pursue the wrongful death claim.
Different from a Criminal Prosecution
A wrongful death claim is different from a criminal prosecution. The district attorney’s office may pursue a criminal conviction whether you participate or not. The purpose of the criminal prosecution is to punish the perpetrator. The purpose of the wrongful death claim is to compensate the victim and his or her family for their loss. A wrongful death claim may be available whether the death was intentional or accidental.
Recoverable Losses
The losses for which survivors may recover include:
- Medical Expenses
- Funeral Expenses
- Loss of Future Earnings
- Punitive Damages
- Loss of Benefits
- Pain and Suffering
- Mental Anguish
- Loss of Companionship
- Other General Damages
Immediate Action Required
After a serious injury or wrongful death it may be difficult to think about legal action. However, the law requires you to act quickly or you may not be able to act later. Also, key elements of your claim can be lost in time such witnesses, memories and other evidence that will be necessary to prove your claim.
We can help. We can answer questions. We can make sure the case is set up correctly from the beginning. We can help you avoid harmful, costly mistakes.
Filing a claim and calculating damages can be factually complicated, legally complex and emotionally difficult. The wrongful death lawyers at Speaks Law Firm can walk you through the entire process. We take care of everything. We gather evidence, construct legal theories, and tell the story of loss and how others are affected by it.
Our Experience
We have represented thousands of individuals and businesses all over North Carolina, Virginia, South Carolina, Georgia, and Florida. In addition, Clarke has argued before the North Carolina Supreme Court and the Fourth Circuit Court of Appeals on several ground-breaking legal issues. He has been interviewed by Lawyer’s Weekly and various news programs. He is a frequent speaker, nationally recognized lawyer and the author of books, magazines and articles including the North Carolina Auto Injury Book, the Road to Recovery, and ProClaim. Speaks Law Firm has represented people against the state and federal government, Fortune 500 Companies, large Universities and nearly every major insurance company operating in North Carolina.
Questions? We will answer them free. Call 24 hours a day, 7 days a week. There is no obligation.
You will find helpful information prepared exclusively for you by our Wilmington wrongful death lawyers right here on this site. In addition, you can call (910) 341-7570, chat 24/7 or email 24/7 for immediate answers to your legal questions. If you are researching in order to find the best lawyer for you, you can find what you need here. Finally, you can find reviews of our work written by our clients by reading “Client Testimonials“.
The Speaks Law Firm proudly serves people throughout eastern North Carolina, including Wilmington, Fayetteville, Jacksonville, Wrightsville Beach, Carolina Beach, Bolivia, Burgaw, Whiteville, Lumberton, Leland, Shallote, New Hanover County, Pender County, Brunswick County, Columbus County, and Robeson County.
We Make it Easy
Suffering an injury is incredibly difficult but getting the help you need shouldn’t be. All you have to do is call our office and we’ll start reviewing your claim right away.
You Deserve Compensation
If you’ve been hurt in an accident, you need a fighter in your corner. Our attorneys will fight for the maximum amount of compensation you deserve for your injuries and other damages.
No Hidden Fees
We work on a contingency-fee basis. This means you never have to worry about hidden fees or upfront costs. In fact, we don’t get paid at all unless we win for you!
(910) 341-7570
For more information about how we can help you avoid costly mistakes after an Auto Accident Injury in North Carolina contact us by filling out the “How can we help you?” form at the top of this page.
I was hurt in a car accident in Wilmington, North Carolina. My medical bills are outrageously high. The driver who caused the accident has the minimum insurance limits ($30,000.00) that are required by law. The adjuster has offered to pay the policy limits ($30,000.00). Should I get an attorney? What should I do?
State law requires each vehicle owner to carry at least $30,000.00 of liability insurance coverage. You can purchase more. Many people carry at least $100,000 in liability coverage per person and $300,000 per occurrence.
The liability insurance policy for the vehicle of the responsible driver is required to pay for the medical and other expenses of those who were not at fault. The policy will pay up to the limits of the policy. In other words, where there is $30,000.00 (or $60,000.00) of liability coverage, the insurance company could be required to pay that entire amount, but no more.
Where the damages are greater than the limits of the insurance policy, the injured person must look for other sources of recovery. These are some of the questions your lawyer will ask in order to comprehensively address this complex issue:
- Does the responsible driver have a different liability policy that you could access?
- Was the responsible driver working for his employer at the time of the accident?
- Does the responsible driver have an umbrella insurance policy?
- Does the injured person have underinsured motorist coverage?
- Does the responsible driver have assets that could be seized and sold in order to pay some or all of the judgment beyond the limits of the insurance policy?*
* This particular analysis can be complicated. Before you reject the insurance companies offer to settle the case for the policy limits and proceed with a lawsuit, you must think clearly and carefully. If you were seriously injured by the negligence of another person, you are probably angry. Who could blame you? I would be. Of course, you want the person responsible for the accident to pay for the damage they caused. In fact, the law requires it.
However, ifthe negilgent driver does not have the assets to pay for damages beyond the limits of the insurance policy, you will be wasting valuable time and money. You may want to perform an asset search in order to determine whether this is a viable option. The process of securing and enforcing a judgment can be expensive. If the responsible person does not have sufficient assets, then you will have wasted time and money for no reason.
Where damages exceed insurance coverage you need an experienced personal injury lawyer more than ever. A good lawyer may be able to find additional sources or recovery. He or she may be able to perform an informal asset search. From that he will be able to determine whether you should you accept the policy limits or fight for more.
Even if there is not enough money to pay all of the medical expenses from the available insurance policy, an experienced personal injury attorney can help. He may be able to negotiate down the amount of the outstanding medical bills. He may be able to use financial leverage and statutory laws to get your bills paid and still put a substantial amount of money in your pocket. Call or contact us now to find out how we can help you maximize your recovery in your auto accident and injury case.