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Wrongful Death Cases and Representation

Losing someone you love is by far one of the most devastating, if not the most devastating occurrence that could happen in any person’s life. At Rosensteel, Fleishman, PLLC, our mission is to help family members find and hold accountable those persons who caused the death of their loved ones and for the ongoing grief and loss they must suffer. We want to see justice for the all the members of the afflicted families and make certain that those left behind do not have to suffer financially in addition to the emotional and sometimes physical suffering they ultimately must endure. Our attorneys strive to meet the needs of all those family members afflicted and are dedicated and committed to the well-being of all our clients from the moment they walk into our lives until that very moment when their unfortunate wrongful death case finally comes to an end.

When consulting and representing each of our wrongful death cases, our expert attorneys take ample time to get acquainted as best as possible with the deceased individual’s important life facts and lifestyle and to have a full understanding of the relationship that the individual had to their family personally, emotionally, and financially. We research and analyze what the person’s employment job and status was, the compensation and benefits that were a part of their employment package, and the future impact that job, it’s income and benefits would have had on their family. We also learn about, and give much attention to personal hobbies, community activities, varied interests, and any other specialized skills or services that were present in the life of the now deceased family member.

Our dedicated attorneys want to have a complete picture and understanding of your loved one’s life in order to persuasively and appropriately present all evidence to the court as to the value of the individual’s life to his or her family. Though gathering this information can be quite difficult for those family members left behind to grieve, our team of compassionate, professional, and very respectful attorneys use a delicate and sensitive approach when collecting the information and do not make this important step of the overall process an additional burden for the grieving family members. Instead, it is our intention to allow for this stage of the defense preparation to be a type of healing process for the family allowing for them to share their thoughts, feelings, emotions and comments about the deceased and all the aspects of their once productive and valued life, as well as the overall impact the deceased had on each of their individual lives.

THE FACTS ABOUT WRONGFUL DEATH LAWSUITS

Understanding wrongful death, the claims that can and cannot be filed, those persons (typically family members) who are eligible to file such claims, and the potential outcomes can be very complicated and very confusing to the saddened family members left behind. When a wrongful death occurs, that is, when someone dies due to the negligence of another human being, the legal system allows the decedent’s family members, heirs and next of kin to file a claim with the court for money damages as a result of the family member’s death. For many people, especially those who are afflicted by a wrongful death, fully understanding who is recognized as an heir or family member, and understanding the commonly used term “next of kin” can also be very confusing to the average person. The terms “next of kin” is defined generally as a wife, husband, daughter, son, parent, grandfather, grandmother, granddaughter, grandson, aunt, uncle, nephew, niece and cousin.

At Rosentsteel, Fleishman we are here to define all the important elements of your wrongful death case up front, which includes confirming who, in your family, is considered to be a next of kin and/or rightful heir. Heirs” is defined as spouse and blood relatives of the individual who has died. In a wrongful death case, once family, next of kin and heirs are recognized, a judge will typically appoint a “trustee” to sue for applicable compensation on behalf of all the heirs of the deceased.

The most difficult part of a wrongful death lawsuit is sometimes proving fault. The suit is brought against the person, persons, or company who is alleged to be at fault in causing your loved one’s wrongful death. That is where our experienced and highly reputable personal injury attorneys come in. We are committed to finding the necessary proof of the defendant’s negligent acts and liability in the wrongful death matter. We understand the full scope of wrongful death lawsuits and though they are not a criminal prosecution, they are, in fact, serious claims and lawsuits filed for purposes of compensating the heirs of the deceased for their loss and need to be handled professionally, expertly and delicately.

Though every state has different laws as far as defining the type of losses for which compensation will be allowed, we at Rosensteel, Fleishman, PLLC are fully apprised of the North Carolina laws and are fully knowledgeable in the very definitions and compensation allowances in wrongful death cases. North Carolina, like every other state, allows for the full recovery of any lost income that the decedent would have provided to his or her loved ones were they still alive today.

At Rosensteel Fleishman we consult with our clients on every one of these important matters and are committed to obtaining the best possible settlement results for each. We dedicate long hours of ongoing due diligence to gather the most effective and useful information and other cases and results that are applicable to your specific wrongful death case and utilize our superior legal tactics and approach when presenting pertinent data to the court.

TYPES OF WRONGFUL DEATH LAWSUITS

Wrongful death lawsuits are normally pursued by the heirs of the deceased in cases that involved auto accidents, product liability cases, medical malpractice cases, and any other type of situation where someone, other than an employer, was at fault. In North Carolina, wrongful death lawsuits are (with some exceptions) restricted to the laws of Worker’s Compensation if the death was the sole result of the fault of the deceased employee, the employer or even a co-worker.

Further to this type of wrongful death lawsuits that are allowed, most states interpret the statutes for wrongful death to allow for families and heirs to bring a lawsuit for compensation for the death of an unborn baby resulting from an accident, a defective product, or a malpractice.

FINANCIAL COMPENSATION/SETTLEMENT AND DIVISION OF SAME

When the trustee and their lawyer collect all of the monies allowed by law, it will be up to the court to approve the overall settlement and divide the proceeds accordingly.

WHY ROSENSTEEL, FLEISHMAN PLLC

Because of our many past successes, we at Rosensteel, Fleishman, PLLC have not only the resources but the experience and expertise to take on even the most complex wrongful death cases and obtain both a satisfying and significant compensation for those family members left behind. We fully understand that losing a loved one is something we all experience in our lives and something that is quite devastating to handle and takes a great deal of time to accept. However, losing a loved one due to someone else’s negligence is a far greater loss to endure and is protected by laws that provide protection to those left behind.

Regardless of the circumstances surrounding the loss of your loved one, whether the victim of a North Carolina car accident, a medical malpractice of another type of unfortunate event, you can be sure that our reputable personal injury attorneys will provide top of the line representation to you and your family and remain diligent in their commitment to achieve the best monetary results for all our clients.

Surely wrongful death cases are remarkably difficult and complex from our legal perspective as well as from the emotional perspective of our clients and all their family members. Having won millions of dollars for clients located all across North Carolina, our attorneys remain steadfast in achieving the best possible result, whether it be accomplished through a settlement, an arbitration or a jury trial.

If you and your family have fallen victim to a wrongful death case, then reach out to our professional and highly compassionate team of personal injury attorneys today. Call us at (704) 714-1450 today to schedule your free consultation with one of our attorneys or simply stop by our office during our regular business hours. We understand the extent of your loss and are eager to represent you and your family in this remarkably important but delicate life changing event. We are happy to accommodate your needs and schedule, so don’t hesitate. Contact us today.

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