Handling a Wrongful Death - Greenville Wrongful Death Attorney

Handling a Wrongful Death - Greenville Wrongful Death Attorney

One of the most difficult things that anyone has to go through is losing their loved one. It's difficult and upsetting enough if it was after a long illness or due to old age, but when it was sudden, it is often much worse. With no time to prepare for the death, both mentally and physically, there are normally severe feelings of confusion and anger in addition to sorrow. It can be difficult to figure out what to do from a legal standpoint when you're also dealing with the sudden grief of losing someone you care for. Trying to balance caring for your family and also getting through the loss yourself is never an easy task, let alone any of the other issues you have to deal with.

When someone dies as a result of a car accident or other similar incident, there are a lot of questions that need to be answered. Although it is the last thing you want to think about, the question of finances needs to be brought up. Medical expenses alone can be nearly as devastating as the loss itself. Funerals are often most expensive than you expect them to be, and that should not go unmentioned. Even a basic cremation costs approximately $3,000 in North Carolina, while an average burial is about $8,000. These numbers, especially when you're dealing with loss and uncertainty, can be enough to make you want to shut everything out again.

Naturally, we never want to appear like we are only looking at your loss from a position of money. There's no amount that can bring back a life, and that isn't what a wrongful death claim is designed to do. The goal of these claims is to help you financially handle the loss. Bills and final costs can be difficult to afford under the best of circumstances, but if you have just lost an income in your household, it is obviously going to be worse. This is what we hope to help with a wrongful death claim.

If you are currently dealing with the loss of a loved one due to the negligence of another, give Wayne Hardee a call. It's never easy to make sense of a sudden death, but there are some things that can be done to help you along the way. Wayne has decades of experience with these sorts of cases and won't rest until you get the compensation you deserve for your loved one. If you need someone to help in a compassionate and timely manner, give us a call today.

The True Impact of Deaths from Auto Accidents - Greenville Personal Injury Lawyer

The True Impact of Deaths from Auto Accidents - Greenville Personal Injury Lawyer

There are few things in this world that are more upsetting than a life being cut short in a car accident. Regardless of the circumstances, it is always a painful thing to experience as someone left behind. Most people know at least one person who was killed in a crash, and even if they weren't a close friend or relation, their death is still keenly felt. When these types of death happen, there is often a lot more confusion, anger, and disbelief than with other causes. This is only to be expected when there was no way to foresee the fact that someone you cared for would be gone in an instant.

According to the National Safety Council, an estimated 38,800 people were killed in car accidents last year alone. This number is staggering and yet, it shows us a two percent decrease from the year before. This only goes to show just how widespread accidents truly are. It can not be overstated just how much these accidents impact each and every person in the country. The life of someone being taken in such a way is a difficult thing to come to terms with, and is even harder to try and compensate.

There is no way to put a monetary value on a human life. Unfortunately, there are expenses that come with any death, including sudden ones. Hospital bills, funeral expenses, and any other outstanding debts they may have had can quickly pile up even as you try to start the grieving process. No one should be made to crunch numbers and worry about how to pay for things while they are trying to come to term with the fact that their loved one is never going to walk through their door again. That is where Wayne Hardee wants to help.

While there is no replacing the life that was so sharply taken, and there is definitely no monetary amount that can ease their passing, the fact of compensation after a death can do undeniable good. Even if you are in a position to pay for any end-of-life expenses, the compensation can be used for any number of things that you can do in their memory. If you have lost a loved one in a car accident, give Wayne Hardee a call today. He can help you get the compensation you deserve with compassion and care. You are not alone.

Who can file a wrongful death lawsuit?

Who can file a wrongful death lawsuit?

A wrongful death lawsuit is a claim for monetary compensation filed by a wrongful death attorney on behalf of the successors to the victim. A wrongful death claim is of comparatively recent origin because “common law”, the general principles of English law passed on to the United States, had no such provision. Common law did not recognize a wrongful death claim on grounds that a claim dies with a victim since there was no possible means to compensate the victim for damages. There was no provision for surviving members to claim any form of compensation till federal and state courts created the enactment, in the United States, sometime in the last century.

The Law is Complete Now

Many people thought this was right because common law did not extend far enough. In this regard, common law’s teeth were not sharp enough and for this reason, it had to be amended.

A wrongful death claim generally has four parts to it which have to be proved:

  • That the conduct of the defendant was responsible in whole or part for the death
  • That the defendant was strictly liable and negligent due to which the victim died
  • That the victim has left behind a surviving spouse and children, dependents, and/or beneficiaries
  • The victim’s death has resulted in monetary damages

A Clear Picture

A wrongful death lawsuit might be filed by a number of persons associated with the victim by blood, relationship, and association. These include immediate family members such as the wife and children, financial dependents, life partners, putative spouses, distant family members like siblings and grandparents, and any other person or persons, even though unrelated by blood or marriage to the victim, who suffer financially. You should see the picture more clearly now on why common law did not go far enough and that to leave it so without making a change would not be ethically sound or consistent.

A Statewide Difference

Certain states recognize the right of parents of a deceased fetus to file a wrongful death lawsuit. In other states, this law does not apply but parents can bring a wrongful death action if the child was born alive and then died. If you need to know which law applies to your state, check with a wrongful death lawyer like Wayne Hardee.