Welcome
to the North Carolina Wrongful Death Lawyers Website of Hardison & Associates, L.L.P.,
Attorneys at Law. We hope to provide you with
information and resources that will help you through a
difficult and complex situation. If you feel that you
have the basis for a wrongful death suit, it is
important to contact an attorney immediately. Hardison &
Associates will outline the documentation required, the
decisions that must be made, and will continue to guide
you through the legal process. Ken Hardison and Associates
Associates's team of attorneys concentrate on Personal Injury
cases. Their goal is to aid victims and their loved
ones in the pursuit of justice. The North Carolina Law
Firm of Hardison & Associates is known for the "Experience,
Integrity, and Personal Attention" that is
applied to every client's case.
In legal
terms, wrongful death refers to a fatality that occurs
because of the negligence or misdeeds of another person,
corporation or entity. Part of the “personal injury”
tort family, wrongful death holds an individual, group
or corporation (defendant) accountable for causing
injury to another person (plaintiff). The primary goal
of a personal injury tort is to provide relief (damages)
to the plaintiff and to deter the defendant from
inflicting further harm to others. Because it is
impossible to grant damages to a deceased victim,
wrongful death laws are designed to compensate the
deceased’s survivors.
Generally, it is the immediate family members (spouses,
children and parents); however, some states allow
grandparents, legal dependents or members of the
extended family to file suit. The amount of damages
awarded will depend on the plaintiff’s relationship to
the deceased, while the compensation for damages may
include; medical and funeral expenses for the victim,
loss of the victim’s prospective lifetime earnings,
survivor’s emotional pain and suffering, and punitive
damages (intentional harm judged to be exemplary).
Typically, wrongful death suits involve vehicular
accidents (aviation, automobile, ATV, motorcycle, or
railroad), defective products, medical malpractice,
pharmaceutical liability, and a number of other
situations. The common element in most tort actions is
negligence which is characterized by inattention,
thoughtlessness, inadvertence, and mistakes. Negligence
must be proven in wrongful death cases and Hardison &
Associates is skilled in helping clients prove that the four
critical components of negligence exist in their claim:
- the
defendant had a duty to the deceased,
- the
defendant failed in that duty (breach of duty),
- that
the fatality was caused by the defendant’s breach of
duty, and
- that
the survivors are entitled to damages as a result of
the loss of their loved one.
In
addition to establishing negligence, the joint life
expectancy of the deceased and the survivor or
beneficiary must be presented (to establish the loss of
future earnings) and the relationship of the survivor
and deceased must also be shown. Finally, effective
presentation of the non-economical or emotional loss
suffered by the survivor is critical to a fair award of
damages.
Ken Hardison and Associates understand the issues and
laws surrounding wrongful death claims, negotiation and
litigation. Call
800-434-7119 today or
e-mail
for an assessment of your North
Carolina Wrongful Death case. Should you become our
client, you will receive personal attention and
experienced legal services throughout the claims
process. With Hardison & Associates attorneys as your
representative, you can confront this complex process
with dignity and confidence.
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