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Back February 10, 2021

Wrongful Death Due to Violence

If someone’s death occurred because of another person’s violent act, the personal representative of the deceased individual’s estate can pursue a wrongful death claim in North Carolina. For help with this process, contact a Matthews wrongful death lawyer can help. 

Losing a loved one is never easy – most especially when that loss occurs because of a violent act committed by someone else. In the State of North Carolina, the appointed personal representative of a decedent’s estate could pursue a wrongful death claim or lawsuit against the at-fault person and pursue a variety of damages, including punitive damages, in some cases. 

If you lost a loved one due to a violent act that someone else committed, the compassionate Matthews wrongful death lawyers at the Panchenko Law Firm are here for you. Our legal team will explain all of your legal options in clear and easy-to-understand terms and could file an insurance claim or lawsuit on your behalf – and against the at-fault person – for wrongful death damages. Please speak with us today to learn more about how we could help you file a claim for wrongful death damages. 

Criminal vs. Civil Cases

After a violent act that causes death, police officers might be able to arrest the offender, who might face criminal homicide charges. While this case might result in prison time and other punitive consequences for the offender, it does little to help the families of victims. To seek full financial recovery, the personal representative of the estate needs to file a wrongful death claim in civil court, which is completely separate from a criminal case. 

Statute of Limitations for North Carolina Wrongful Death Claims

The statute of limitations is the deadline by which a wrongful death claim must be filed in a North Carolina court. In most wrongful death claims, a lawsuit must be filed within two years after the deceased individual passes away. If a lawsuit is not filed within that time period, a court will almost always refuse to hear the case, and wrongful death damages will not be available. 

Potential Damages in a North Carolina Wrongful Death Claim

Under North Carolina law, the personal representative of a decedent’s estate may be able to pursue certain types of monetary damages as part of a wrongful death claim. Those potential damages include the following:

 

  • Medical expenses that the decedent incurred for his or her final injuries
  • The burial costs and funeral expenses
  • Loss of the decedent’s guidance, support, and companionship
  • Loss of the decedent’s personal services
  • Pain and suffering that the decedent had to endure from the time of his or her injuries until the decedent passed away
  • Loss of the decedent’s anticipated future income

 

Moreover, in some instances, the decedent’s estate might be eligible to recover punitive damages if the defendant’s conduct was wanton, willful, or malicious. The purpose of punitive damages is to punish the wrongdoer defendant and discourage others from undertaking similar acts in the future.

Speak to a Matthews Wrongful Death Lawyer Today

If you lost a loved one due to a violent act that someone else committed, the knowledgeable legal team at the Panchenko Law Firm may be able to assist with filing a wrongful death claim or lawsuit against the wrongdoer. For a free legal consultation and case evaluation with an experienced Matthews wrongful death attorney, please call us today at (704) 900-7675 or contact us online for more information.   

 

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