What Should You Do if Your Loved One Was Involved in a Fatal Accident on I-95 Today in North Carolina?
Interstate 95 is considered a major North Carolina thoroughfare that millions of people travel on each year. Unfortunately, this road has gained a reputation over the years as being one of the deadliest roads in North Carolina and across the entire east coast. Regrettably, we see countless people lose their lives due to accidents on Interstate 95 in our state each year.
Losing a loved one in a fatal car accident is undoubtedly one of the most devastating things that any family can endure. The overwhelming shock and grief following a fatal accident can leave you feeling completely lost and unsure of what to do next. After losing a loved one as a result of an Interstate 95 crash, it is important that you understand your rights as your loved one’s surviving relative.
Dealing With the Aftermath of a Fatal Car Accident on Interstate 95
Dealing with the tragic and unexpected loss of a loved one is not something that many people are prepared for. This makes it critically important that you focus on your own emotional health and well-being. It is perfectly acceptable for you to reach out for support from family, friends, or even professionals who can help you deal with your grief and move forward during this very difficult time. It is important that you allow yourself to process your emotions and grieve in a healthy way.
In addition to getting help for your emotional health and well-being, it is important that you are able to get justice and recover financial resources to cover some of the unexpected losses and expenses that you will face moving forward.
Although seeking legal representation is not required, having a wrongful death attorney by your side after a fatal North Carolina crash can greatly alleviate some of the burdens and challenges that you may face associated with filing a wrongful death claim and dealing with the insurance company. Your attorney will be able to guide you through the legal process, handle communication with the insurance company and other parties involved in the accident, and advocate on your behalf every step of the way.
Determining Responsibility After a Fatal Interstate 95 Accident in North Carolina
The process of determining liability after losing a loved one in a fatal North Carolina crash can be time-consuming and confusing, especially if this is not something that you have ever gone through before. However, being able to identify the person or entities that are responsible for the fatal Interstate 95 accident is critical when it comes to your ability to pursue a legal claim.
When determining liability for a fatal accident, it is essential to consider whether any of the drivers involved in the accident were negligent. This can be done by demonstrating that they violated a traffic law or engaged in some other action that directly caused the accident. This can include actions like:
- Ignoring traffic signals or signs
- Not using turn signals
- Failing to yield the right of way
- Fatigued or drowsy driving
- Driving the wrong way on a one-way street
- Aggressive driver behavior
- The driver lost control of their vehicle
- Improper lane changes
- Failure to adjust to weather conditions
If you can prove that the actions of the defendant caused the collision that killed your loved one, then they may be held liable for the resulting injuries and damages. However, it is important to note that they may not be the only responsible party in the accident. There are instances where other parties could potentially share the blame as well. For instance, if faulty vehicle equipment or road conditions contributed to the accident, manufacturers or government entities responsible for maintenance and safety measures, respectively, may also be held accountable.
To determine liability accurately, it is crucial to gather evidence from the scene of the accident and collect witness statements whenever possible. This information will help build a strong case when filing a claim. Hiring an experienced attorney who has extensive experience handling wrongful death claims can provide invaluable support and guidance throughout this difficult process.
An attorney will thoroughly investigate all potential avenues of liability and work toward helping you secure the compensation that you need for your loss. They will navigate through insurance claims, negotiate settlements if necessary, and even take your case to court if they are unable to reach an agreement during settlement negotiations.
When choosing an attorney to handle your wrongful death claim, look for someone with extensive experience in handling similar cases successfully. Additionally, consider their track record of obtaining fair compensation for clients while providing compassionate support along the way.
While no amount of money can truly compensate for your loss, pursuing legal action against those responsible offers some form of justice and financial support during these challenging times. It is important to remember that every claim is truly unique. An attorney will help you better understand your rights and what to expect throughout the legal process.
North Carolina Negligence Laws
After the loss of a loved one due to a North Carolina crash on Interstate 95, your family has the ability to sue the responsible party for financial compensation to cover your losses and damages. In North Carolina, wrongful death claims surrounding motor vehicle accidents follow the doctrine of pure contributory negligence.
Pure contributory negligence is a legal concept that basically states that if a victim is found to be even one percent at fault for the accident, they are barred from collecting any compensation for damages that they have suffered. Due to the fact that this law is also applicable to fatal North Carolina crashes, it is important that you seek legal guidance right away. Your attorney will do everything in their power to prove that the defendant is at fault for the accident.
Attorneys are generally more well-versed in handling complex claims and know the tactics that insurance companies employ after families lose a loved one in a serious automobile accident. Having a skilled legal team will provide you with the best chance of getting justice.
Who Can File a Wrongful Death Claim in North Carolina?
The state of North Carolina defines a wrongful death under N.C. Gen. Stat. § 28A-18-2 as a death that is caused by the negligent, wrongful, or default act of another. The law states that, just as if the injured person had lived, actions against the responsible party can be taken to recover damages. When a victim passes away, the right to file a claim against the liable party is passed on to either the personal representatives or the collectors of the victim.
Statute of Limitations on North Carolina Wrongful Death Claims
After a North Carolina crash happened that claimed the life of your loved one, you will have a very specific amount of time to file a wrongful death action against the responsible party. In general, the claim must be filed within a period of two years from the death. If you do not file the claim within the specified period of time, the court will not entertain your claim, and it will most likely be refused. This prevents you from receiving any compensation for your losses and damages. For this reason, it is important that you file the claim in a timely manner to provide yourself with the best chance of getting justice.
What Damages Can Be Recovered From a Wrongful Death Claim in North Carolina?
Under state law, there are several damages that an entitled party can recover following the wrongful death of a loved one due to a North Carolina crash. These damages include:
- The loss of income from the decedent
- Reasonable burial and funeral expenses
- Pain and suffering that the decedent experienced
- Any hospitalization, care, or treatment costs related to the injuries leading up to their passing
- The loss of care, services, protection, and assistance
- The loss of guidance, comfort, companionship, and society
Depending on the circumstances surrounding the accident, punitive damages may also be awarded. However, to receive compensation for punitive damages, you must establish that the accident was caused by wanton conduct, willful conduct.
To provide yourself with the best chance of getting justice, you should seek legal representation immediately from a qualified and dedicated wrongful death lawyer.
Get Justice After the Loss of a Loved One in a Fatal Interstate 95 North Carolina Crash
Losing a loved one to an accident is heartbreaking, and we understand how difficult this time may be. That is why we at i95accidentalerts.com are here to help you in your search for a qualified attorney who can offer legal support when it comes to filing a wrongful death claim against the responsible party for fatal accidents on Interstate 95 today in North Carolina.
Our knowledgeable team will provide essential guidance while making sure that all of your rights are protected throughout the process. Reach out today so that you can start getting the justice you deserve and have some level of financial stability during these trying times.