Greensboro Wrongful Death Lawyer
Experienced. Dedicated. Trustworthy.
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, Davidson County 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 compensation 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, Heirs Only
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, drunk driving, 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.
Contact Roane Law today!