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It’s tragic when a loved one dies, but it can be especially devastating when a loved one dies because of someone else’s actions or negligence. No legal recourse or amount of money will bring your loved one back or make up for their loss. However, a wrongful death lawsuit can help surviving family members find a glimmer of justice during their suffering. It can also help alleviate the financial burdens and stress of losing a family member. As a wrongful death law firm in Durham, we help hold the parties responsible for your loved one’s death accountable. We will assist you every step of the way in seeking the compensation you and your family deserve.
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In Durham, wrongful death claims can arise from any action that would be the basis of a personal injury claim. If someone else’s negligence or careless and reckless behavior caused your loved one’s death, you likely have a basis for a wrongful death case.
A wide range of accidents and incidents can give rise to a wrongful death claim. These include:
If you’ve lost a loved one due to another party’s negligence, a wrongful death attorney in Durham can help determine whether you have a valid legal claim.
While money certainly cannot bring your loved one back, it can help ease the financial stress and worry their death may leave behind. Damages in a wrongful death claim include damages similar to those of a personal injury plaintiff. Commonly, these include:
In any case, the amount of these damages will vary depending on the circumstances.
Wrongful death claim damages can also include compensation for things unique to wrongful death lawsuits. These include:
An experienced wrongful death attorney in Durham will assess your case, learn about you and your family, and discuss what type of compensation you may expect from a wrongful death suit.
A close family member, typically a spouse or child, files a wrongful death lawsuit. As the plaintiff in a wrongful death action, you have the burden of proof. In other words, you must prove the elements of your claim. Most wrongful death lawsuits allege the defendant was negligent in some manner, which means you must prove the following four elements:
While it might be relatively easy to prove your loved one’s death with their death certificate, proving a direct connection between the defendant’s actions and their death can be difficult.
It is essential to be mindful of the statute of limitations, or timeframe, in which you have to file a wrongful death lawsuit. In North Carolina, surviving family members typically have two years from the date of their loved one’s death. Although certain exceptions might apply in your given situation, you will want to speak with a Durham wrongful death attorney as soon as possible to avoid missing the filing deadline and being forever barred from bringing your claim.
At the Law Offices of Naomi Ellis, PLLC, we provide personalized attention to every case that comes through our door. We are a boutique law firm by choice because we believe in delivering an exceptional experience to our clients. Contact us to schedule a free, no-obligation consultation.
Attorney Naomi Ellis is a dedicated personal injury lawyer known for her tenacity, compassion, and client-first approach. After moving from Australia to the U.S. as a student-athlete, she earned her law degree with honors and gained valuable experience at top firms before founding Ellis Law. Naomi is committed to helping injured individuals reclaim their lives through skilled, personalized legal representation.
A wrongful death occurs when a person dies due to the negligence, recklessness, or intentional actions of another party. This can include car accidents, medical malpractice, defective products, or workplace accidents.
Several parties may be liable, including the driver of a vehicle, a company or business owner, or property owner. A thorough investigation is key to identifying all responsible parties.
Damages may include medical expenses, funeral and burial costs, lost income and benefits, loss of companionship, and emotional suffering. In some cases, punitive damages may also be awarded.
Wrongful death cases often involve large damages, multiple insurance policies, federal and state regulations, commercial vehicle laws, and often multiple liable parties. These complexities require thorough investigation and legal experience to build a strong case.
You have two years from the date of the accident to file a wrongful death claim in North Carolina. Act quickly to preserve evidence and meet legal deadlines.
Tell us about your case and our attorneys will contact you promptly
Naomi is an excellent attorney. She is attentive, knowledgeable and compassionate. She went above and beyond, handling aspects I didn’t even know I needed. It’s nice to feel cared for in a situation that is otherwise setup for the opposite.
Naomi is an excellent attorney. She is attentive, knowledgeable and compassionate. She went above and beyond, handling aspects I didn’t even know I needed. It’s nice to feel cared for in a situation that is otherwise setup for the opposite.
Naomi is an excellent attorney. She is attentive, knowledgeable and compassionate. She went above and beyond, handling aspects I didn’t even know I needed. It’s nice to feel cared for in a situation that is otherwise setup for the opposite.
Naomi is an excellent attorney. She is attentive, knowledgeable and compassionate. She went above and beyond, handling aspects I didn’t even know I needed. It’s nice to feel cared for in a situation that is otherwise setup for the opposite.
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