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Home Wrongful Death

wrongful death lawyerLosing a loved one due to the negligence or misconduct of another party is an unimaginable tragedy that will leave a family devastated and struggling to regain stability. At Younce, Vtipil, Baznik & Banks, P.A., we understand the profound impact such a loss can have on your life. Our attorneys are ready to offer our compassionate support and legal guidance during this unimaginable time.

We know that no amount of money can make up for the loss of your loved one. At the same time, your family should not face financial hardship due to someone else’s negligent conduct. If someone caused your loved one’s untimely death, you may have a right to pursue a wrongful death claim to hold the at-fault party accountable and demand compensation to relieve your financial stress.

The Raleigh wrongful death lawyers at Younce, Vtipil, Baznik & Banks, P.A. can guide you through every step of the legal process and help your family find a sense of closure. Contact Younce, Vtipil, Baznik & Banks, P.A. to learn how a Raleigh wrongful death lawyer can help you seek accountability for your loved one’s preventable death. Call 919-661-9000 to get started with a free case evaluation.

How Our Attorneys Demonstrate Negligence in a Wrongful Death Case

In a wrongful death case, our attorneys gather and present evidence to prove that another party caused the accident that resulted in your loved one’s preventable death. We may gather the following types of evidence to demonstrate negligence:

  • Photos or videos of an accident
  • Medical records
  • Death certificate
  • Autopsy report
  • Police accidents report or records
  • Eyewitness testimony
  • Expert testimony
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Why Choose Younce, Vtipil, Baznik & Banks, P.A. for Your Wrongful Death Case

If you have lost a loved one in a preventable accident caused by someone else’s negligence, you need a lawyer to fight for justice on your behalf. Pursuing a wrongful death case can be logistically challenging and emotionally draining. If your family’s future depends on the outcome, you should seek assistance from an experienced, compassionate Raleigh attorney.

Our Raleigh wrongful death lawyers at Younce, Vtipil, Baznik & Banks, P.A. understand that you are likely going through the most difficult ordeal in your life. We make every effort to provide trusted legal guidance and to comfort your family during this difficult time.

We strive for the best possible outcome for each client. Based on our track record of success, our attorneys have received numerous accolades, including the Martindale-Hubbell AV Preeminent rating for the highest level of professional excellence along with acceptance into the Million Dollar and Multi-Million Dollar Advocates Forum. We encourage you to read our former clients’ testimonials about the legal service we provided them.

Wrongful Death Laws in North Carolina

North Carolina’s wrongful death laws create a process for surviving family members and loved ones to seek justice and accountability after the untimely death of a loved one. A personal representative of the deceased person may pursue a wrongful death lawsuit.

A wrongful death lawsuit is a civil case, not a criminal case. Accountability in a civil case takes the form of monetary compensation. In criminal cases, accountability could mean jail time for the defendant. Second, the standard of proof in a civil case is a preponderance of the evidence. That means that it is more likely than not that the defendant is responsible for the decedent’s death. In criminal cases, the standard of proof is guilt beyond a reasonable doubt, which is a much higher bar to meet.

The at-fault party in a wrongful death case could face criminal prosecution, such as a drunk driver who causes a fatal crash. But a criminal case is entirely separate from any civil action. Surviving families and loved ones may pursue a wrongful death case regardless of whether the state files criminal charges after an untimely death.

North Carolina law sets a two-year deadline from the date of a person’s death for filing a wrongful death lawsuit.

Who Can Bring Wrongful Death Claims in North Carolina?

Under North Carolina law, the personal representative of the decedent’s estate can bring a wrongful death claim. A person’s will usually identifies who should act as the personal representative or executor of their estate. If the decedent has no will, the court will assign someone to serve as a personal representative.

Types of Compensation You Can Pursue in a Wrongful Death Case

Through a wrongful death lawsuit, you and your family may recover compensation for the following:

  • Medical expenses your loved one incurred after their accident but before their death
  • Your loved one’s pain and suffering before death
  • Funeral and burial expenses
  • Loss of your loved one’s future income
  • Loss of your loved one’s assistance, care, protection, and services
  • Loss of your loved one’s advice, companionship, comfort, guidance, and society

In cases where the evidence shows that the at-fault party exhibited fraud, ill will, or conscious disregard towards your loved one, the court may award punitive damages to punish their negligent behavior.

Who Is Eligible to Collect Damages in a Wrongful Death Lawsuit?

North Carolina law specifies who can receive compensation from a wrongful death lawsuit:

  • The surviving spouse – The surviving spouse recovers all damages or splits damages with one surviving child. If there are two surviving children, damages are divided into thirds for each child and the spouse.
  • Surviving children – If the decedent has no surviving spouse, the surviving children (or grandchildren) will split the damages equally.

If the decedent has no surviving spouse or children, the law outlines which other surviving family members can receive damages and in which order:

  • Surviving parents
  • Surviving siblings
  • Surviving grandparents
  • Surviving aunts and uncles

The amount each surviving family member receives depends on whether and how many others exist.

Common Wrongful Death Cases We Can Handle

Our attorneys have the experience and knowledge to handle various wrongful death cases, including the following most common types:

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Get in Touch with Our Raleigh Wrongful Death Lawyers

The Raleigh wrongful death lawyers at Younce, Vtipil, Baznik & Banks, P.A. handle wrongful death cases with the utmost care, professionalism, and determination. With years of experience and a deep understanding of the legal complexities involved, our team of dedicated wrongful death attorneys is committed to helping you seek justice and compensation.

Contact Younce, Vtipil, Baznik & Banks, P.A. today at 919-661-9000 for a free consultation with a Raleigh wrongful death attorney.

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