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What is Accidental Death?

An accidental death is a preventable death in North Carolina which occurred due to a failure to exercise due care.

In many situations, an accidental death occurs as a result of third party negligence. For example, a person could be killed because the driver of another vehicle carelessly causes an auto accident or because a property owner fails to safely maintain property and a fatal fall happens. It is also common for accidental deaths to occur on worksites.

When an accidental death happens, family members of accident victims must understand legal remedies that are available.

If the death occurred on a worksite, a workers’ compensation claim can be made and spouses and other dependents may receive death benefits. Workers’ compensation death benefits are available regardless of whether employing companies were negligent or followed safety rules.

Wrongful death claims can also be made against all non-employers, whether the accident happens at work or outside of work. Accident death claims are common against negligent drivers; manufacturers of defective drugs and products; and owners of property which is poorly maintained.   These claims can take the form of a civil lawsuit for wrongful death, although many claims are settled outside of court.

North Carolina Code section 28A-18-2 explains damages available in wrongful death claims, which can include payment of funeral costs; compensation for earnings which the deceased will not receive due to his untimely death; and payment of medical expenditures incurred prior to death.

A Charlotte wrongful death accident lawyer can provide assistance in pursuing a wrongful death claim and seeking compensation for loss.  Contact an attorney for help if your loved one is killed due to another person’s actions.

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