Welcome to the Raleigh 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'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 1-800-434-8399 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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