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Truck Accident and Wrongful Death
March 14, 2023
According to statistics from the North Carolina 2021 Traffic Crash Facts, there were over 16,000 reported truck-related crashes statewide, causing over 3,800 injuries and 150 fatalities. Traffic collisions involving trucks are often severe and may cause serious injuries, incapacitation, or even death to the victims. Thankfully, North Carolina laws allow the surviving loved ones of truck accident victims to seek compensation for their untimely loss through a wrongful death claim.
If you believe that the negligent or wrongful actions of a truck driver caused your loved one's untimely death, you may be eligible to seek fair financial compensation. I have devoted my entire legal career to handling personal injury cases and protecting the best interests of accident victims and their loved ones.
Contact my firm in Wilmington, North Carolina, today to tell me about your case and learn how I can help.
Why File a Wrongful Death Claim?
A wrongful death claim can be described as a civil action – claim or lawsuit – filed against a person whose negligence, carelessness, or wrongful action caused someone else's death. Here are some reasons to file a wrongful death claim:
Seek Financial Compensation: A wrongful death claim allows the surviving loved ones of the decedent to recover the much-needed financial support and boost they need to cover burial or funeral expenses, lost wages, and medical bills accumulated due to the decedent's final injury.
Seek Justice for Loved Ones: In addition, the decedent's surviving loved ones can pursue deserved justice by filing a wrongful death action and holding the negligent party accountable.
Serve as Deterrence: Filing a wrongful death action can caution other people about the implications of their wrongful conduct and ensure that it doesn't happen to another person or family.
However, no amount of monetary compensation may be sufficient enough to bring the dead person back. Regardless, the surviving family members may be able to seek financial security and justice after such an avoidable loss through a wrongful death claim.
What Constitutes Wrongful Death in North Carolina?
According to North Carolina law, a wrongful death can be described as a death caused by "a wrongful act, neglect or default of another." Hence, when a person's death occurred due to another person's wrongful act, negligence, recklessness, or default, their surviving loved ones may be entitled to pursue damages by filing a wrongful death claim against the at-fault party.
Who to Sue After a Fatal Truck Accident
However, depending on the surrounding circumstances or events leading to the truck accident which caused the decedent's death, a number of different parties may be held responsible. These include:
The truck driver or owner
The trucking company
The truck manufacturer
Maintenance personnel or company
Equipment and parts manufacturers
Government agencies that failed to maintain or repair the road.
The cargo loaders – the persons who loaded or shipped the cargo.
A seasoned North Carolina truck accident attorney can investigate all of the facts of your personal situation, help identify the liable party or parties, and guide you through the claims process.
Who Can File a Wrongful Death Claim in North Carolina?
In North Carolina, only the personal representative or executor of the decedent's estate is allowed to file a wrongful death claim. The court may appoint the personal representative named in the will or another person, where not specified. In most cases, the court will appoint the decedent's surviving spouse, adult child, or parent as the personal representative.
Time Limits for Filing a Wrongful Death Claim in North Carolina
Additionally, the statute of limitations for filing a wrongful death claim in North Carolina is two years from the date of the victim's death.
Possible Damages Available
By filing a wrongful death claim in North Carolina, the victim's family may be eligible to recover the following damages:
Expenses for medical treatment, care, and hospitalization due to the injury that caused the death
Loss of expected income of the decedent
Pain and suffering of the decedent
Lost earning capacity
Funeral or burial expenses
Mental anguish
Loss of services, care, protection, and assistance of the decedent.
Compensation for the loss of comfort, companionship, society, guidance, and advice.
Punitive damages as an additional punishment to the defendant for wrongfully causing the person's death
An experienced North Carolina wrongful death attorney can help file your claims and attempt to recover the maximum possible compensation for your unexpected loss.
Fight for the Compensation You Deserve
Losing a loved one to a negligent truck accident can be a difficult and overwhelming experience. Such an unfortunate event can affect you emotionally, financially, and mentally. Regardless, you don't have to go through it all alone. At Robert Louis Armstrong Personal Injury Attorney, I have the expertise and resources to support and represent clients in their truck accident and wrongful death cases.
Using my extensive knowledge, I will guide you through the often complex claims process. In addition, I will continue fighting for your family's best interests, help maximize your recovery, and pursue the financial justice you deserve. Contact me at Robert Louis Armstrong Personal Injury Attorney today to schedule a simple case evaluation with a skilled truck accident lawyer.
My firm proudly serves clients across Wilmington, New Hanover County, Onslow County, Pender County, and Brunswick County, North Carolina.