wrongful death is 175.000 a fair settlement

Hello.

I don't know if this is an offer to settle a claim/case you have against the school, or school bus company. I don't practice in North Carolina and cannot advise you, particularly without more facts. However, if you do NOT have an attorney, I urge you to consult with a North Carolina attorney and as soon as possible. There will be a statute of limitations and you want to make sure that the time does not expire.

If you do have an attorney and the attorney recommends the settlement, you will want to make sure you understand the reasons for his or her recommendation. It is hard to say whether this is a fair settlement without more facts.

There are really too many variables to let you know if that is a "fair" settlement under just the facts that you have given. Even assuming that you can prove that the school bus driver was 100% at fault, the damages recoverable would depend on his medical bills, funeral expenses, pain and suffering prior to death, and his value to you and his children, both financially and emotionally, which in large part would depend on his job, what he provided to the family and the age of his children. You should consult with an attorney. I would be happy to talk with you further by email or phone.

If you do not already have an attorney, I would be delighted to meet with you and discuss the merits of this matter, particularly whether you are being offered a fair settlement. This will be a State Tort Claim Act matter and particular laws and rules apply that are not applied in other personal injury and wrongful death cases. You can view my web site at www.truthdrivenjustice.com. Be sure to contact an attorney right away because the statute of limitations in North Carolina for wrongful death is only 2 years.

Only your attorney, after carefully reviewing all the facts, would be able to advise you whether or not this offer is fair. If you have not already sought counsel, I suggest you do so. The value of wrongful death claims are very fact specific and no one here on Avvo.com could answer your question without knowing all of the details concerning your husband and the accident.

Legal Disclaimer:

Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen advises the questioner to confer with an attorney in their state in order to ensure that proper advice is received.

If you don't have an attorney, you should, and immediately. Find one experienced in this type law (wrongful death) and familiar with the damages likely in your case. The attorney should have knowledge and experience in the area and should be able to give you better advice than you will get via e-mails based in information that is incomplete or presumed. The case could be worth from zero to multiple millions of dollars. There is just not enough information to give meaningful guidance or assistance. If you have an attorney, hopefully you trust that professional and can (and should) rely on that person's advice. If you can't or won't, get somebody else that you can and will trust to help you with this decision.
Good luck.
James Heiting