Winston-Salem Wrongful Death Lawyer

Winston-Salem Wrongful Death Attorney

Losing a loved one because of someone else’s wrongful act or negligence can be incredibly difficult. In many cases, though, you may be able to recover damages for the death of your loved one. Though money can’t bring your loved one back, a settlement to cover medical expenses, funeral costs, and loss of support can ease the burden of your loss. Speak with a Winston-Salem wrongful death lawyer about your claim to learn more about your wrongful death case.

A Winston-Salem Wrongful Death Lawyer With Experience

Elam & Rousseaux, PLLC, has represented countless wrongful death cases and collected multi-millions of dollars for wrongful death and personal injury claims. We have won more cases than we’ve lost, and we attribute this to our high-quality team of personal injury attorneys in Winston-Salem. Our commitment to protecting the rights of our clients and fighting for their rightful compensation is unwavering. We have helped hundreds of families, and we can do the same for you.

Types of Wrongful Death Cases

There is an infinite number of potential wrongful death scenarios that could occur, but most wrongful death claims that are filed in the US involve the same few types of accidents. Among the most common are fatalities that occur due to unintentional falls and traffic accidents. Most other types of wrongful death claims involve medical malpractice and product liability.

Why Hire a Wrongful Death Lawyer?

If there was a will left by the deceased individual, filing a wrongful death claim can be less complicated. However, if there is no will, it can get more legally complex. A personal representative must be named to carry out estate administration and then file the wrongful death claim on behalf of the estate. This is a long and complicated process that many people don’t want to navigate.

When you hire a wrongful death lawyer to help you navigate your claim, you improve your chances of not only winning your case but also completing the entire process of estate administration and claim filing.

So many families never get the chance to collect on their legitimate wrongful death cases because they miss the two-year statute of limitations deadline, or the personal representative doesn’t know where to file the claim.

Some important steps that a Winston-Salem wrongful death attorney can help with are as follows.

• Naming a personal representative in the event that your loved one did not leave a will
• Helping the executor of the will or personal representative with estate administration
• Conducting investigations to determine the liability of the event that caused the death
• Filing with deadlines and time frames in adhering to the North Carolina judicial system requirements and legal policies
• Negotiating with insurance adjusters
• Litigating on your behalf in the event your case must be decided by a jury
• Assisting with the distribution of estate assets and settlement awards

Where to File a Winston-Salem Wrongful Death Claim

Cases regarding wrongful death in Winston-Salem, NC, are handled within the 31st District. The personal representative of the deceased individual’s estate may file a wrongful death claim at either the North Carolina Superior Court or District Court. Cases that involve claims that are less than $25,000 should be filed at the North Carolina District Court. Claims involving more than $25,000 should be filed at the North Carolina Superior Court.

The Forsyth County Clerk is located at 175 North Chestnut Street, Winston-Salem, North Carolina.

Why Choose Us?

There is a lot to be said about a wrongful death lawyer who has a deep understanding of the complicated process of wrongful death and wrongful death laws in NC. With almost a century of combined experience, our grasp of wrongful death claims in Winston-Salem and North Carolina is unmatched by our competition. The legal team at Elam & Rousseaux, PLLC, is successful, knowledgeable, and experienced.

FAQs About Winston-Salem, NC Wrongful Death Laws

What Is the Average Wrongful Death Settlement in NC?

There’s no average wrongful death settlement in North Carolina. The settlement amount is different in every case, depending on the damages, costs, ability of the lawyer to negotiate, and willingness of the insurance company to negotiate. Most wrongful death settlements do not cover the full cost of the deceased’s expenses, which is why it is so important for family members facing wrongful death claims to have the help of a legal professional in building their case.

What Are the Odds of Winning a Wrongful Death Lawsuit?

The success rate of wrongful death lawsuits is not measurable by the odds of winning or losing a case. However, the outcome of most wrongful death claims is directly related to the ability of the plaintiff to prove liability. Thus, an abundance of quality and tangible evidence that paints a clear picture of liability, adherence to legal requirements throughout the process, and high-quality legal representation can all increase the chances of a successful outcome in a wrongful death case.

Who Can File a Wrongful Death Lawsuit in NC?

In North Carolina, only the personal representative, executor of the will, or a state administrator of the deceased may file a wrongful death claim, unlike other states, where a spouse or child can file a claim. This does not mean that the deceased spouse or children can’t receive the settlement; they just can’t file the claim. Speak to a wrongful death attorney for assistance in administering the estate, naming a personal representative, and filing a wrongful death claim.

What Is the Most You Can Sue for Wrongful Death in NC?

North Carolina does not have a cap on total damages that can be collected in the wrongful death claim, but they do impose a maximum for the compensation of medical costs. Reasonable medical and hospital expenses may not exceed $4,500. Other damages, however, such as funeral expenses, pain and suffering, lots of support, and loss of companionship, have no limit.

Connect With an Established Winston-Salem Wrongful Death Lawyer

Elam & Rousseaux, PLLC, is available to assist you with the wrongful death claim for damages incurred due to your loved one’s passing. Contact us to schedule a consultation to discuss your case.