Who is At Fault?

Like many other personal injury cases, in a wrongful death case, you must prove that another person was at-fault for the accident that led to your loved one’s death. The North Carolina wrongful death lawyers at Henson Fuerst can help you and your family establish a wrongful death claim.

Is the Defendant Liable?

Under North Carolina law, to prove a defendant’s conduct was wrongful, negligent, or lacking an action that may have prevented your loved one’s death, you must prove the defendant is liable. Proving negligence requires that the defendant’s actions both caused and were responsible for the injuries that led to your loved one’s death.

Proving Negligence

To prove negligence, you must show that the defendant—or at-fault party:

  1. Had a Duty to the Decedent
    Under the circumstances, the defendant owed your loved one a certain level of care.
  2. Breached that Duty
    The defendant failed to uphold his or her legal duty of care to your loved one.
  3. Showed Causation
    An accident or injury was caused by the defendant’s actions.
  4. Inflicted Damages
    Your loved one was harmed as a result of the accident or injury.

In a wrongful death case, you must also prove that there are legal beneficiaries who are eligible to share in any recovery—or compensation.

Get help today—call (919) 781-1107 or complete a free initial consultation form. You don’t have to face these issues alone. Our teams of North Carolina wrongful death lawyers, certified paralegals, registered nurses, accident and private investigators, and bilingual legal assistants are here for you.