Ferguson Law Firm is an Experienced Wrongful Death Law Firm
If someone is killed because of the wrongful and negligent conduct of another, the person's heirs and other beneficiaries may file a wrongful death action against those responsible for the death.
Common wrongful death lawsuits include automobile accidents, truck collisions, airplane or train crashes, construction and other work accidents.
North Carolina General Statutes Section 28A-18-2 says, “When the death of a person is caused by a wrongful act, neglect or default of another, such as would, if the injured person had lived, have entitled the injured person to an action for damages therefore, the person or corporation that would have been so liable, and or her the personal representatives or collectors of the person or corporation that would have been so liable, shall be liable to an action for damages, to be brought by the personal representative or collector of the decedent; and this notwithstanding the death, and although the wrongful act, neglect or default, causing the death, amounts in law to a felony.”
In other words, if someone is injured and would be entitled to compensation by the party responsible, the same applies if the injured person dies, except then, it is the heirs or personal representative who would seek to file for damages. It sounds complicated, but let Attorney Bob Ferguson use his years of experience to assist you through this difficult process.
Pursuant to the North Carolina General Statute, heirs or personal representative(s) may be entitled to:
(1) expenses for care, treatment and hospitalization incident to the injury resulting in death;
(2) compensation for pain and suffering of the decedent;
(3) reasonable funeral expenses of the decedent;
(4) the present monetary value of the decedent to the persons entitled to receive the damages recovered, including but not limited to compensation for the loss of the reasonably expected;
a. net income of the decedent,
b. services, protection, care and assistance of the decedent, whether voluntary or obligatory, to the persons entitled to the damages recovered,
c. society, companionship, comfort, guidance, kindly offices and advice of the decedent to the persons entitled to the damages recovered;
(5) nominal damages when the jury so finds.
These cases are quite different from ordinary injury cases. Ferguson Law Firm can be of great assistance to the family of a lost loved one.
Call 704-867-2828 to schedule a free consultation regarding your wrongful death claim.