Wrongful Death
When a loved one has died as a result of negligence, such as medical malpractice and motor vehicle accidents, getting the best legal advice quickly is essential.
A tort is a civil wrong at law that gives an injured person a “cause of action” (a right to file a lawsuit in court) to seek recovery for the damages received as a result of the tort. Negligence is a type of tort that commonly occurs in North Carolina and which forms the basis for much litigation in the State.
Negligence refers to a person’s failure to follow a duty of conduct imposed by law. Every person is under a duty to use ordinary care to protect himself and others from injury or damage. Ordinary care means that degree of care which a reasonable and prudent person would use under the same or similar circumstances to protect himself and others from injury or damage. A person’s failure to use ordinary care is negligence.
Negligence forms the basis for many other areas of law that have come to be called different things but still, at their core, are just negligence by another name. These areas include, but are not limited to, the following:
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Personal Injury (automobile accidents – negligence in operating a motor vehicle).
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Premises Liability (slip-and-fall cases – negligence in maintaining a safe premises).
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Product Liability (negligence in the design of a defective product).
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Nursing Home Liability (negligence in providing care to patients in a nursing home).
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Medical Malpractice (negligence by a physician in the treatment of a patient).
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Legal Malpractice (negligence by a lawyer in representing a client).
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Construction Law Claims (negligence in the construction or repair of a home).
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Wrongful Death (negligence which results in the death of another person).
​What gives rise to a negligence claim in North Carolina is a facts and circumstances issue that has to be examined on a case-by-case basis. To someone untrained in the law, what looks like negligence might, in fact, not be, and what does not look like negligence may also, in fact, be negligence. For this reason, it is important to consult with legal counsel to see if you have a claim in your particular situation.
It is important to remember that time is always important in legal matters and that the failure to take action within the time allowed may forever bar your claim. For this reason, seek the advice of counsel right away. These time limits are called “statutes of limitation” and they function to limit the amount of time that a claim can be brought for a particular type of claim. Certain things can “toll” these statutes, meaning that they can temporarily stop the running of the statute of limitation to bar the claim, while other things can have no effect on the running of the statute.
These are very complex issues that are best determined by skilled legal counsel. What is important is that, if you have a situation that you believe may be “actionable” (may give rise to a lawsuit for negligence or any other type of civil wrong or claim), then you should seek the advice of an attorney without delay.
Call the Byers Law Office today.