Articles Posted in Wrongful Death

When a wrongful death accident takes place, the outcome is devastating and unimaginably painful for the loved ones left behind. This is especially true when the victim in the wrongful death accident is a child. If you lost a loved one due to someone else’s negligent conduct, then you may be entitled to compensation. There is no amount of money that can truly repair the hurt that your family has endured, but it can help you deal with the financial impact of the accident including medical expenses, funeral expenses, and the loss of your loved one’s companionship. Raleigh wrongful death lawyer Jason Burton is prepared to help you and your family secure the compensation that you deserve.

In a recent opinion, the North Carolina Court of Appeal assessed the liability of a real estate developer for the death of a child as the result of a dump truck accident. The child was playing near his home when a dump truck participating in construction across the street began to roll and struck him. The operator for the dump truck was not in the vehicle, the chocks were not engaged, and the dump truck was overloaded. The estate for the child brought negligence claims against a number of parties including the developer. It alleged that the developer was negligent by not creating a safer plan for construction of homes in the development. The developer sold individual lots to builders who then engaged in the construction of homes on those lots. The complaint also alleged that the developer did not uphold its duty to minimize any harm to the residents from construction activities.

In response, the developer filed a motion for summary judgment stating that it did not have a duty to the deceased child and could not be held liable for his death. The trial court granted the developer’s motion. On appeal, the North Carolina Court of Appeals concluded that the developer had no duty to oversee the construction activities once it sold a lot to an independent builder and that it was not required to prevent any negligent construction activities from happening on those sites.

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If you are seeking compensation after an accident, there may be times when you disagree with the court’s decision about a dispute in the case and want to file an appeal. There are only a few situations in which the appellate court will hear an appeal before the case has been resolved in a final decision, such as a judgment for the plaintiff or the defense. It is also important to note that there are deadlines for when a party must file an appeal. If you do not comply with these deadlines, you may waive your right to an appeal. North Carolina personal injury lawyer Jason M. Burton is prepared to help you protect your rights and pursue the compensation that you deserve.

A recent North Carolina appellate court opinion discusses the importance of understanding when and how to appeal. The plaintiff in the case was a woman who brought claims against multiple parties stemming from a fatal car accident involving her husband. Her complaint alleged that one of the defendants, a dealership, allowed a relative of a vehicle buyer to drive a new vehicle from the lot. The relative subsequently got into an accident with the plaintiff’s husband, rear-ending his vehicle and pushing him into oncoming traffic. The plaintiff filed suit against the dealership, the relative, and the buyer of the vehicle. Each of the defendants filed a motion for summary judgment.

The lower court granted the dealership’s motion, finding that it was not liable for the husband’s death, and the plaintiff appealed. The other claims against the vehicle buyer and the relative were still pending before the court. For this reason, the appeal was considered an interlocutory appeal. Most appeals take place after there has been a final resolution in the litigation rather than before the case has been resolved. Here, the plaintiff failed to comply with N.C. Gen. Stat. Section 1A-1, Rule 54(b), stating that an appellant must obtain a certification from the trial court that an order is appropriate for immediate appellate review.

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