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The loss of a loved one in a fatal car accident is an immensely painful experience. If someone else is to blame, you could be entitled to compensation for what you’ve suffered and a measure of justice for your loved one’s passing. But you should not have to fight for these alone, especially not while you’re in mourning.
At Poisson, Poisson & Bower, PLLC, our Wilmington fatal auto accident lawyers have over 40 years of experience helping families in positions like yours. We understand what you’re going through right now, and we want to do everything we can to make it right.
That means treating you like family from start to finish and never charging you a fee unless we win your wrongful death lawsuit. It means working with experts as necessary to help us build a strong case on your behalf. And it means fighting hard to provide you with the financial security you need during this challenging time.
Have you lost a loved one to a fatal car accident in Wilmington, North Carolina? Don’t face this difficult time alone. Get the legal help you need from the experienced car accident lawyers at Poisson, Poisson & Bower, PLLC. Let us deal with the insurance adjusters and others involved in the case.
Contact us now to discuss how our Wilmington fatal car accident lawyers can help your family hold the at-fault driver accountable and seek the money you need to build a better future. The consultation is free, confidential, and comes without any further obligations on your part.
Common Causes and Types of Fatal Car Accidents in Wilmington
The immense forces involved make car accidents one of the leading sources of accidental deaths in the United States. Some of the most frequent causes of fatal car crashes in Wilmington include:
- Speeding or driving too fast for conditions
- Reckless driving and road rage, including excessive speeding, tailgating, and cutting off other motorists
- Running traffic lights and stop signs
- Failing to yield the right-of-way
- Distracted driving
- Driving under the influence of alcohol or drugs
- Drowsy driving
- Turning without signaling
- Aggressive driving
- Traveling the wrong way
- Mechanical failures caused by inadequate maintenance or defects
- Adverse weather conditions or poor visibility
Pursuing a Wrongful Death Claim After a Deadly Crash
In North Carolina, wrongful death claims arise when a person’s death occurs due to the wrongful act, neglect, or default of another person under circumstances that would have given the deceased the right to pursue a personal injury claim if they had lived – such as a car accident someone else causes.
North Carolina’s wrongful death law gives the victim’s personal representative the authority to pursue a wrongful death claim. The personal representative – usually the executor or administrator of the estate – may use the estate’s funds to pay reasonable and necessary expenses in pursuing a wrongful death action, such as attorney’s fees.
When a wrongful death claim recovers compensation, the estate can seek reimbursement for any case expenses it paid. The estate will also receive any medical or funeral expenses incurred on behalf of the decedent. Any remaining financial recovery is distributed to the surviving family members according to the rules established by North Carolina’s Intestate Succession Act.
Family members eligible to recover compensation in a wrongful death claim include:
- The surviving spouse
- Surviving children or lineal descendants if the victim’s children are predeceased
- Parents, if the deceased left no spouse or lineal descendants
- Siblings, if the deceased left no spouse, descendants, or parents
- Grandparents, aunts, and uncles, if the deceased left no spouse, descendants, parents, or siblings
North Carolina’s statute of limitations for wrongful death claims gives you two years after your loved one dies to file a lawsuit against an at-fault driver.
Damages That May Be Recovered in Fatal Wilmington Car Accident Cases
A wrongful death case after a fatal car accident allows your family to seek financial recovery for the losses you’ve endured because of your loved one’s death. Although no amount of compensation can bring someone back or make up for their loss, pursuing a wrongful death claim can provide your family with some measure of justice from those responsible for your loved one’s passing.
It can also provide compensation for the:
- Final medical expenses incurred to treat the victim’s fatal car accident injuries
- Conscious pain and suffering experienced by the victim before their death
- Reasonable funeral and burial expenses
- Loss of the victim’s income and other financial contributions to the household
- Loss of the victim’s services, assistance, care, and protection
- Loss of the victim’s society, companionship, comfort, advice, and guidance
In exceptional cases, a jury in a fatal car accident lawsuit may award punitive damages if the jury finds that the at-fault driver caused the car accident due to malice, willfulness, or wanton conduct, such as consciously disregarding a substantial risk that one’s conduct will cause severe or fatal injuries. Punitive damages do not compensate for losses but punish the responsible party for their conduct and deter others from engaging in similar conduct.
How Our Lawyers Handle Car Accident Wrongful Death Cases
At Poisson, Poisson & Bower, PLLC, we recognize the shock and grief of losing a loved one, and we want to honor the trust you place in us with our hard work and dedication. When you turn to our law firm for help after a loved one’s deadly car accident, our Wilmington fatal car crash attorneys will handle all the details of your case so your family has space to grieve and heal.
Let us pursue the financial recovery your family deserves by:
- Investigating the crash to recover evidence for your family’s case, such as police accident reports, accident scene photos, witness statements, and videos
- Working with accident reconstruction and financial experts as necessary to build a compelling argument in support of your legal action
- Identifying potentially liable parties and options for recovering compensation, including pursuing a claim against the insurance company for the at-fault party
- Documenting the victim’s final medical bills and your family’s financial expenses and losses
- Pursuing maximum compensation and justice for your family, even if that means going to court or trial
You deserve experienced, compassionate legal guidance to help you pursue compensation and justice for your loved one. Contact Poisson, Poisson & Bower, PLLC, today for a free, no-obligation consultation to discuss your legal options and next steps with a Wilmington fatal car accident attorney.