Fatal accidents leave behind devastating consequences for families in Greensboro. In addition to dealing with the grief and emotional trauma of losing your loved one, you will likely face legal challenges as a result of the accident. A compassionate Greensboro fatal accident lawyer from Elam & Rousseaux, PLLC, can help you understand your rights and legal options after losing a loved one. We can stand as your legal advocate as you navigate proceedings and fight for justice.
Elam & Rousseaux, PLLC, is a Charlotte-based law firm focused on personal injury and medical malpractice cases across North Carolina. Since 1978, our attorneys have successfully represented individuals and families who have suffered harm due to another person’s actions. We do not take on a high volume of cases and prioritize serious matters. This allows us to give our clients direct access to their attorneys, regular updates throughout their cases, and peace of mind.
In 2023, there were a total of 14,576 crashes in Guilford County, 57 of which were fatal. Several areas in Greensboro are known for frequent crashes, including I-40 between mile markers 216 and 221. Other areas include Lawndale Drive at West Cornwallis Drive and East Wendover Avenue at North Church Street. It’s always advised that you drive with extra caution in these areas and on any busy roads that may come with distracted or aggressive drivers.
There are a variety of laws that apply to how fatal accidents in Greensboro can be filed and prosecuted. It’s important to note that most fatal accidents turn into wrongful death claims in North Carolina. A wrongful death claim is a specific type of personal injury claim in North Carolina that allows a loved one to pursue legal damages and justice for the loss of their loved one.
Under General Statutes Chapter 28A and Chapter 1, wrongful death claims in North Carolina must be filed by the personal representative of the deceased’s estate. A wrongful death case in Greensboro must be filed by the representative within two years of the date that death occurred. The two-year period begins on the actual date of death, not the date of the injury or accident that caused it.
North Carolina law allows remaining loved ones to seek damages through wrongful death claims. There are a myriad of damages that may be awarded, and the type you receive depends heavily on the details of your unique case. The following are some of the most common damages awarded to Greensboro residents:
Any medical or burial expense claims must be approved by the Clerk of Superior Court, and appeals can be made to the Superior Court if needed. The rest of the funds won from the case are distributed to family members based on North Carolina’s Intestate Succession Act, not through the will. You should hire a fatal accident lawyer to ensure you recover the damages you’re rightfully owed.
Here at Elam & Rousseaux, PLLC, our attorneys have more than 90 years of combined legal experience. We understand that every wrongful death case is different and requires a customized strategy to help your family get the justice they deserve.
Families come to us during the most difficult periods of their lives. We take that responsibility seriously and approach every case with the empathy it deserves. As a family-based firm, we understand the devastation that a wrongful death can have on an entire family.
We work on a contingency fee basis, meaning we are paid only if we recover compensation for you. Let us handle the legal side of things so you and your loved ones can focus on your well-being.
A: In North Carolina wrongful death cases, compensation for conscious pain and suffering is determined case by case. This is because it is based on the physical pain and emotional distress a person experienced before passing. Juries rely on medical records, expert testimony, and evidence from loved ones to understand the full impact of an accident. The more documentation you have, the stronger your claim may be.
A: To win a wrongful death case in Greensboro, or anywhere else in North Carolina, you must prove that the death was caused by someone else’s negligence. Preserving evidence early is key and can include collecting accident reports, medical records, expert testimony, photos, video footage, and statements from witnesses or loved ones. Working with an experienced wrongful death attorney gives you the strongest chance of obtaining justice and an optimal outcome.
A: North Carolina does not have a statutory cap on damages in most car accident cases. However, wrongful death claims follow specific guidelines under §28A-18-2 for recoverable damages. The total amount you receive depends on the seriousness of the injuries that occurred, the amount of pain the victim endured, the impact of the death on remaining loved ones, and more.
A: The most common fatal injury in a car accident is a traumatic brain injury (TBI). According to the CDC, TBI contributes to about 30% of all injury-related deaths in the U.S., and motor vehicle crashes account for roughly 20% of all TBIs. These injuries occur when a violent jolt or blow to the head causes brain damage, often resulting in fatal swelling or bleeding.
If your family has lost a loved one in a fatal crash in Greensboro, you may be able to open a wrongful death case. Elam & Rousseaux, PLLC, can work with you to determine your legal options and guide you through the legal process of obtaining justice. Contact us today to schedule your consultation.
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