If I think I have a wrongful death suit; how would I go about finding a lawyer and would there be fees to be paid upfront?

Asked almost 3 years ago - Raleigh, NC

I am in NC so should I obtain a lawyer from the same state?

Attorney answers (7)

  1. William David Owens

    Contributor Level 8

    8

    Lawyers agree

    1

    Answered . By definition, the death of a loved one is a tragic and traumatic experience. When the death is caused by the negligence of carelessness of another person, such as in a car wreck, the loss is magnified. In such a scenario, the family of the deceased person has a claim for Wrongful Death. No amount of money can fully compensate you for the life of a loved one. Under North Carolina law, the Estate may bring any claim for monetary damages that the deceased party would have been able to pursue but for his/her premature death. Under North Carolina law, the family members may be compensated for their losses, including but not limited to medical expenses, funeral expenses, pain and suffering, economic damages, as well as the loss of the loved one's earnings, support, love, affection and guidance.

    Whether the deceased party left a will or not, his/her Estate may bring the claim. The claim must be pursued by either the executor or administrator of the Estate, who must be appointed by the Clerk of Court’s office in the county where the deceased party resided at the time of his/her death. The administrator may be a spouse, adult child, parent, or when appropriate, even a brother, sister, or more distant relative.

    Time is of the essence. Dealing with the loss of a loved one is truly a trying time for the family. Much attention is to be paid to things such as funeral arrangements, disbursement of the property, caring for the minor children, paying the bills, and carrying out his/her last wishes. During this trying time, the family should be focused on these most important matters. It is also important to have competent legal representation to ensure that the rights of the Estate are protected. Under North Carolina law, the statute of limitations for Wrongful Death is shorter than it is for other forms of injury claims. It takes time to get the Estate established, have Letters of Administration issued by the Court, and take other action necessary to even bring the claim. It is important to have an advocate working hard for the Estate from day one.

    A wrongful death claim is not simply a “bigger” personal injury claim. You need an attorney with the knowledge, experience and resources to get the job done. Will Owens and Kimberly Miller have each handled numerous wrongful death claims throughout the State. Again, insurance companies and other corporate defendants know which attorneys and firms are experienced and which ones are not. Furthermore, insurance companies and other defendants know which attorneys are quick to settle and which attorneys are willing to go to trial if necessary. Will Owens is one of the few attorneys in central North Carolina who has actually tried a wrongful death case before a jury in recent years. After an insurance company denied a son’s wrongful death claim for the loss of his father, Will successfully tried the case and obtained a verdict that will attempt to fill the void suffered because of someone else’s negligence. Many attorneys and firms take in a large volume of cases and simply settle the “good” or “easy” cases to avoid the litigation of the claims for full value. At Owens & Miller, we are ready, willing, and able to use our knowledge, experience, and resources to “go the distance” to ensure that you obtain fair and just compensation for your loss. Please call Will and Kimberly at 919-719-2750 for a free, no-obligation consultation.

  2. Cheryl K. David

    Pro

    Contributor Level 15

    3

    Lawyers agree

    Answered . I would recommend that you find a NC attorney. Many Personal Injury Attorneys work on a contingency fee, so there are usually no fees due up front, but often there are costs which are charged for court filings. The amount of time you have to file a case when someone passes is significantly less than other legal matters. Also, quite often estates need to be opened to probate the existing estate and receive money from the injury settlement or verdict.

  3. Mitchell Scott Sexner

    Pro

    Contributor Level 17

    3

    Lawyers agree

    1

    Answered . To properly determine whether you have a viable personal injury or medical malpractice claim, it is always advisable to have a knowledgeable attorney review your medical records as quickly as possible. Most experienced medical malpractice lawyers will pay for the cost of ordering these records, so that you need not pay money up front for this purpose. Many fact situations initially sound like error by the medical professional, but upon later examination of the records are found to be consistent with the medical standard of care in a particular jurisdiction. Also, depending on the nature of the procedure, the injury may be one of the risks inherent in such a procedure.

    However, a great many injuries that result each year are indeed the result of doctor, nurse, and hospital error and can be properly termed as medical malpractice. In such circumstances, the medical provider certainly deserves to be the subject of a malpractice lawsuit and certainly deserves to be held completely accountable for the injuries that have been caused. Although it easy to guess whether your particular injury is, in fact, the result of malpractice, it is always best to have the attorney order the medical records at no cost to you, and have them professionally evaluated. Only then, can you be certain.

    It will be necessary to obtain a lawyer that is either from NC or can associate with a NC lawyer, as can our law firm. You are welcome to contact our office should you have any additional questions at 800-996-4824. I am in the office all day today.

    Sincerely,

    Attorney Mitchell S. Sexner
    Mitchell S. Sexner & Associates LLC
    Free Consultations & 24 Hour Telephones: 1 (800) 996 -4824
    Email: : msslawoffices@sbcglobal.net
    Website: Medical Malpractice Attorneys

    Answers presented on this website are intended only for informational purposes and any use of the contained... more
  4. Christian K. Lassen II

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . Search Avvo for a good lawyer that you feel comfortable with. Find one with a low contingency fee, less than 30%, and one that doesn't charge you costs, so that you are left with the lion's share of the potential settlement or verdict. Good luck.

    Philadelphia Personal Injury Lawyer. www.InjuryLawyerPhiladelphia.com
  5. Marc Sean Hurd

    Contributor Level 16

    2

    Lawyers agree

    Answered . I would agree with other counsel that you should find local NC counsel, who would be familiar with the specific legal and procedural issues faced by pursuing the claim in NC. Finding the lawyer can entail consulting with friends who have had good experiences, or by reviewing sites like this one for well-reviewed layers. Make some phone calls and make an appointment or two with the ones that you feel most comfortable with.

    As the fees, most PI/WD lawyers will take the case on contingency, meaning they'll take a percentage of the recovery plus costs. The fees are negotiable, but generally run in the area of 1/3.

    Disclaimer- The information you obtain at our web-site or through postings on such sites as this is not, nor is it... more
  6. Terrence Marc Rubino

    Pro

    Contributor Level 14

    1

    Lawyer agrees

    Answered . contact a reputable NC lawyer. most lawyers do not charge for a phone call or a consultation so don't worry about upfront fees. if it is a viable case, the lawyer will most likely do it on a contingency. word of mouthis the best source to find a lawyer. the NC trial lawyer's association would have a listing and would be an excellent source. also the local county bar association would be a good source. good luck.

  7. Raymond Scott Costantino

    Pro

    Contributor Level 16

    1

    Lawyer agrees

    Answered . You should hire a lawyer in your state who is experienced in handling wrongful death cases. You can find one on avvo.com. These cases are usually handled on a contingency fee basis with no fees up front. Good luck to you.

    The information provided by me should not be considered legal advice and does not establish an attorney-client... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

17,424 answers this week

2,342 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

17,424 answers this week

2,342 attorneys answering