Fatal Car Accidents
Losing a loved one due to the carelessness of someone else can prove devastating for people throughout North Carolina. Compassionate Raleigh car accident lawyer Carl Nagle understands the emotional consequences of a fatal crash and also recognizes the financial burdens that may arise. Grieving families suffering from the loss of a loved one caused by a fatal accident can pursue compensation, and Nagle & Associates is ready to help. Our firm focuses exclusively on serious motor vehicle collision cases, and as a result we are skilled at maximizing recovery on behalf of our clients.
Prior to founding Nagle & Associates, Carl Nagle worked as an insurance claims adjuster and as an insurance defense attorney. Because he handled wrongful death cases from the other side of the aisle, he knows how to fight back against insurers’ tactics in seeking maximum compensation on behalf of victims and their families. Our office has successfully recovered over $290 million in settlements and verdicts for North Carolina residents, including people in Raleigh, Asheville, Wilmington, and Winston-Salem.Pursuing a Wrongful Death Claim after a Fatal Car Accident
A wrongful death lawsuit may be appropriate following a fatal motor vehicle accident caused by someone’s negligence or wrongful act. This type of personal injury claim may be pursued when a driver acts carelessly behind the wheel, such as by violating a traffic rule. The purpose of a wrongful death claim is to put the legal beneficiaries of the deceased person in the same position financially as the position in which they would have been had their loved one survived.
To establish legal responsibility in a wrongful death lawsuit, we must show careless conduct and driver error for all parties who contributed to causing the fatal accident. If a driver was employed at the time of the accident, we must prove agency and show that the driver was within the scope of employment. With this evidence established, we can then collect wrongful death damages from the driver’s employer and their commercial insurance policy.
Because wrongful death claims typically involve large money claims, insurance carriers employ their best adjusters and attorneys to vigorously defend these cases. They will attack the quality of relationships, and make every effort to undermine the decedent’s family’s damage claims. If the at-fault driver can show that the victim/decedent was even slightly at fault for the fatal accident, they can deny all claims and avoid all payment obligations.
Wrongful death claims are statutory claims, and are brought solely by the representative of the victim’s estate. An estate must be opened and an executor or administrator must be appointed and approved by the court. The estate administrator then retains counsel to present the wrongful death claims. While most NC wrongful death claims settle, the family should stand strong to pursue the highest possible award of damages. Money for dependents and family members to substitute for the income that the victim might have earned is vital to ensure that the victim’s family does not lose financial ground due to the fatal accident.
The North Carolina Wrongful Death Act specifies the damages that may be collected in a wrongful death claim. These include compensation for the pain and suffering that the decedent endured as well as any medical expenses related to their care, treatment, and hospitalization. The beneficiaries may also recover reasonable funeral expenses and compensation for the loss of income, services, and protection provided by the decedent. In certain cases, punitive damages may be recovered for a wrongful death caused by intentional conduct.
Wrongful death damages require careful calculations of the monetary value of the services and care provided by the deceased person. Our wrongful death trial lawyers always retain economic experts to calculate the true present-value of all lost income and lost benefits of employment. NC wrongful death lawyer Carl Nagle also advances the costs necessary to retain and pay these experts so that the victim’s family does not have to fund the preparation of a thorough legal case.Consult an Experienced Car Accident Lawyer in Raleigh
If you have lost a loved one to a wrongful death, Raleigh car accident attorney Carl Nagle can provide vigorous representation. Our firm takes a smaller fee, at 25% of settlement, than most other firms, which typically charge 33% of any settlement. Mr. Nagle has served injured individuals and the families of victims throughout the state, including in Winston-Salem, Asheville, Wilmington, Greensboro, Hickory, and other cities in Guilford, Wake, Mecklenburg, Forsyth, Durham, Catawba, and New Hanover Counties. Contact us by calling (800) 411-1583 or by completing our online form for a free consultation with a motor vehicle collision attorney.