Welcome to the
Triangle 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 800-434-7119
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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