Attorney James M. Roane is very experienced in wrongful death law and would
be glad to meet with you to discuss your situation. We have tried wrongful
death cases in Guilford County Greensboro and High Point, Burlington,
Lexington and has handled cases from the coast to the mountains of North Carolina.
Here is why you need to choose Attorney Roane:
- He has a 10.0 Superb Avvo Rating
- Named to the Multi-Million Dollar Advocates Forum®
- Member of the American Association for Justice
- Practiced personal injury law in North Carolina since 1999
- AV Preeminent® Rated by Martindale-Hubbell®
You will need an experienced wrongful death lawyer to handle your case.
Don't let an associate attorney attempt to learn on the job with your case.
If you are ready to get started on your pursuit of the compensationy
our family deserves after this tragedy,
contact the firm today at (336) 790-5194.
What You Need to Know About Wrongful Death Cases in NC
The claim is for the heirs, rather than people who are in the will. Heirs
are determined by intestate succession
laws and this will trump anything written in a will. Of course, this can create
real heartache and anger among family members. One example is the prodigal
son who never returned home. The son could have left the home and never
looked back. He could have lived a criminal life and never even bothered
to write or visit his parents. However, he is still an heir as he is still
their son. The laws will not judge who was good or bad, and will just
determine who is an heir. Intestate succession can be very complicated,
and you should ask your attorney about specifics.
In a wrongful death case, the deceased passed away as a result of the negligence
(or other liability) of another person. Wrongful deaths can result from
such things as defective or dangerous products,
trips and falls or even intentional assaults. When someone is responsible for bringing
about the death of another, then there is a problem legally as the deceased
cannot bring suit against the person responsible. A wrongful death lawsuit
is meant to resolve this, being filed on behalf of the family of the deceased.
It is a civil action and not a criminal one. The types of damages that
can be recovered in a wrongful death case vary but could typically include
such things as loss of future income; loss of inheritance; loss of companionship
and funeral expenses. Also, the pain and suffering of the deceased prior
to his death will be considered. Also, if there is a recovery for wrongful
death, it is typically not an estate asset.
Wrongful death lawyers must also work hard to explain the loss of the deceased
to the family. Jurors sometimes think, "we can't bring them back,
so what good will this do?" Wrongful death attorneys at Roane Law
will talk to family and find out exactly what was lost. Death is a part
of life, but a wrongful death is not. In a wrongful death case, a person
is taken before their time. It simply is hard for the family to move on
knowing that someone you cared about was killed by the negligence of another.
Every birthday, mother's day, Christmas or other days bring back these
memories which may last for the rest of the survivors' lives. This
must be explained to the jury. In addition, the jurors must be told that
the law requires that a monetary amount be put on this loss. Part of the
whole purpose of our justice system is reimbursement as well as deterrence.
By holding negligent defendants responsible, it makes them, and others,
think twice about being reckless or taking risks that endanger others.
Making sure the defendant doesn't get away with it and helping prevent
this from happening again are key reasons to pursue death claims.
Statute of Limitations
The statute of limitations for wrongful death claims is typically two years
from the date of death. This creates some serious time restraints. While
it may seem like plenty of time, the case documents such as medical records,
incident reports, photos will need to be gathered. Also, in the case of
medical malpractice such as nursing home abuse, you will need a medical
expert witness. You can allow our office to take care of the difficult
aspects of this trying time and attempt to obtain compensation for you
and your family from the negligent party. One has to remember, the deceased
can’t fight back, but you and your family still have legal rights.
At Roane Law, we will help you through this difficult time caused by your
loved one’s wrongful death and treat you with respect, dignity and
sensitivity. Almost every
nursing home abuse case that our attorney's handle are wrongful death cases. Such nursing
home wrongful death cases have a statute of limitations of
two years. We will need to act quickly to get medical records, get the facility
licensing information, talk to witnesses, have the case reviewed by experts-
all before we are able to file a wrongful death lawsuit. For whatever
reason, nursing home companies do not try to settle without litigation.
We have tried many times, but the companies just use this time to learn
your case, what witnesses you have, and try to build a case against you.
Call a wrongful death law firm with experience.
Wrongful death cases can be very difficult and you will need a strong and
experienced attorney to handle these cases properly,
James Roane and the team of attorneys at Roane Law know how to fight. Call Roane Law today!