Wrongful Death Lawyers in Rocky Mount, NC
Delicately Guiding You Through Difficult Moments
When a loved one dies, it feels as though a piece of you has been ripped away. You are left with an inexplicable emptiness that seems impossible to fill. The pain is relentless and it feels like time stands still. You may feel like you are going crazy and that you will never be able to move on. This is completely normal. Grief is a process that takes time. You will never forget your loved one, but eventually, the pain will become more manageable. There are ways to cope with your grief and continue living your life. Seek out support from friends and family, attend grief counseling, or join a support group. It is also important to keep yourself busy. Find something that brings you joy and dedicate yourself to it fully. Grief is a roller coaster and there will be good days and bad days. But with time, the bad days will become less frequent. Remember, you are not alone in this journey.
If your loved one was killed due to the negligence of someone else, you might be entitled to financial compensation. O’Malley Tunstall, PC is a wrongful death law firm serving Rocky Mount, NC, and the surrounding areas. We understand how difficult this time is for you and your family. We will delicately guide you through every step of the process, ensuring that you receive the justice you deserve. For a free consultation with our experienced injury and disability law firm in Rocky Mount, North Carolina, call (252) 823-2266 to get started today.
What are Common Causes for a Wrongful Death?
A wrongful death occurs when someone is killed due to the negligence or recklessness of another person. This can happen in a variety of ways, such as car accidents, medical malpractice, workplace accidents, or even murder. If your loved one was killed due to someone else’s negligence, you may be able to file a wrongful death lawsuit.
In a wrongful death lawsuit, you (the surviving family member) would be the plaintiff, and the person responsible for your loved one’s death would be the defendant. You would need to prove that the defendant is liable for your loved one’s death, which means that they were negligent and their negligence led to the death.
There are four elements that must be present in order to prove negligence: duty, breach of duty, causation, and damages. Duty means that the defendant owed a duty of care to the victim.
Breach of duty means that the defendant breached (or violated) that duty of care. Causation means that the breach of duty was the cause of the victim’s death. And damages means that the victim’s family has suffered some form of loss, such as financial or emotional damages.
Let us help you and your family receive the closure you deserve. Call us today to get the valuable representation you need.
How is Negligence Determined in a Wrongful Death Case?
Most wrongful death cases are based on the legal theory of negligence. To win a negligence case, the plaintiff must show that the defendant owed the victim a duty of care, breached that duty, and that the breach was the cause of the victim’s death.
In some cases, however, the victim’s death may be caused by intentional acts or recklessness, which can also lead to liability.
The first step in proving negligence is to show that the defendant owed the victim a duty of care. This means that the defendant had an obligation to act in a certain way to avoid harming the victim.
For example, all drivers have a duty to operate their vehicles in a reasonably safe manner. This means obeying the speed limit, yield signs, and traffic signals, and maintaining a proper lookout for other cars and pedestrians.
The second step in proving negligence is to show that the defendant breached their duty of care. This means that they failed to act in a reasonable way and as a result, harmed the victim.
For example, if a driver runs a red light and hits another car, they have breached their duty of care.
The third and final step in proving negligence is to show that the defendant’s breach of duty was the cause of the victim’s death. This means that but for the defendant’s actions, the victim would not have died.
For example, if a driver runs a red light and hits another car, causing the death of the other driver, the driver has caused the death of the victim.
In some cases, a defendant’s intentional acts or recklessness can also lead to liability for wrongful death.
Intentional acts are those in which the defendant specifically intends to harm the victim. For example, if someone purposely drives their car into another person, they have committed an intentional act.
How Much Compensation Can I Recover for a Wrongful Death Claim?
The amount of money that may be recovered in a wrongful death claim will vary depending on the circumstances. Generally, the following damages may be recovered:
- Funeral and burial expenses
- Medical expenses related to the decedent’s final illness or injury
- Loss of earnings and benefits (including pension)
- Loss of companionship and society
- Pain and suffering experienced by the decedent before death
In some cases, punitive damages may also be awarded if the defendant’s actions were particularly egregious.
It is important to note that, in most jurisdictions, only certain family members may bring a wrongful death claim. These typically include the spouse, children, or parents of the deceased.
Call O’Malley Tunstall, PC Today to Get Started
If you have lost a loved one due to the negligence of another, you may be entitled to compensation through a wrongful death claim. The amount of money that may be recovered will vary depending on the circumstances, but it is important to know that you have options.
At O’Malley Tunstall, PC, our experienced personal injury attorneys are here to help you through this difficult time. We will fight for the compensation you deserve and help you get the justice your loved one deserves. For a free consultation with our experienced injury and disability law firm in Rocky Mount, North Carolina, call (252) 823-2266 to get started today.