Burgaw NC Wrongful Death Attorney - Wrongful Death Lawyer

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In NC, as in most states, when a person is killed as an approximate result of a person or corporation’s negligence, or other misconduct, the personal representative of the decedent's estate can bring an action for compensation. NC’s wrongful death statute is enumerated in N.C.G.S. section 28A-18. The damages which can be recovered include compensation for the pain and suffering of the decedent, expenses for medical care as a result of the injury, funeral expenses, and the net present value of the decedent to the persons entitled to recover for damages including but not limited to the net income of the decedent, services, protection, care and assistance of the decedent, in society, companionship, comfort, etc. Also, in certain cases, punitive damages can be recovered. For instance if a death is caused by malice or willful or wanton conduct on behalf of the defendant.

While it is difficult to imagine trying to place a dollar value on a person’s life, after an individual has been killed, the only remedy under the law is recovery of monetary damages. If a settlement cannot be reached, it is ultimately up to a jury to have the responsibility to place a dollar value on the decedent’s life.

There are specific procedural requirements which must be met before an action for a wrongful death can be brought. They can get complicated and anyone with a potential wrongful death claim should consult with an attorney immediately to discuss the potential of bringing an action.

The beneficiaries of a wrongful death action are the decedent’s survivors. Beneficiaries are determined by the intestate succession act. A decedent’s will is not controlling with respect to the proceedings of a wrongful death action.

Burgaw, North Carolina is the county seat of Pender County, North Carolina. Pender County and New Hanover County make up the 5th judicial district in North Carolina. If you receive a traffic ticket or are charged with a crime anywhere in Pender county your court date will be in the Pender county courthouse in Burgaw. Because Pender County and New Hanover County comprise the 5th judicial district, they share the same prosecutors and district and superior court judges who rotate between the counties.

While Collins Law Firm is located in Wilmington (New Hanover County), and does not have an office in Burgaw, NC, we regularly represent people in the Pender County courthouse who are charged with traffic violations or crimes.

The Pender County Courthouse is located at 100 South Wright St. Burgaw, NC 28425.

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Wilmington NC Lawyer - Attorney David Collins - Licensed in North and South Carolina since 1993

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