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Photo of Joshua Nielsen
Photo of Joshua Nielsen
Photo of Joshua Nielsen

When should a family pursue wrongful death litigation?

by | Aug 23, 2018 | Civil Litigation

When a North Carolina family is navigating the aftermath of the unexpected loss of a loved one, it is a complex and challenging time for everyone. From the sudden expenses associated with medical bills and a funeral, the family also has to navigate the emotional turmoil as well. Grieving families often find it difficult to think about potential legal options that could be available to them.

It is not always abundantly clear if a death was the result of the wrongful actions of another person. If you are mourning the loss of a loved one that you think may be the result of the reckless or negligent actions of another person, you could have a case. You may have grounds to pursue compensation through a wrongful death claim.

How do you know if you have a case?

Wrongful death litigation is complex, and in order to have a successful claim, you must be able to prove that the choices of another person resulted in the death of your family member. Some elements of a strong wrongful death claim include the following:

  • You must include evidence that a death occurred.
  • There must be evidence that a person died because of another person’s negligence.
  • You must have documentation indicating the death is causing serious financial hardship for remaining loved ones.

During a wrongful death case, your family will have to appoint a person to act on behalf of the estate. This person will speak on behalf of loved ones left behind. Through your claim, you may be able to secure damages for your financial losses, emotional duress, and even pain and suffering felt by the person before his or her death. 

This can be a complex process for a family already facing a difficult time. You do not have to walk through it alone, but you can secure legal guidance and help as you determine an appropriate course of action.

The recompense you deserve

In some cases, people are not aware of the fact they could possibly have grounds to move forward with a wrongful death claim. You may be unsure of your options, but it is smart to seek a complete evaluation of your case and explanation of the choices and options available for your family. While a wrongful death claim cannot bring back your loved one, it can allow you to recoup your losses and get the financial support your family needs to move forward.