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Judge makes final ruling in North Carolina wrongful death case

Coping with the death of a loved one is never easy. But when a loved one is killed as a result of another's negligence, the death can be especially difficult to accept. Not only do North Carolina families become emotionally devastated when a loved one is killed in an accident caused by another's negligence, they may also be forced to suffer the financial consequences of such a tragic event.

The wrongful death of a loved one can cause a family to suffer financially if the individual killed was the primary wage-earner. In addition to dealing with grief, families must also worry about how they will continue to pay their monthly bills and other living expenses. Although no amount of money can ever replace the life of a loved one, North Carolina families may consider working with an experienced attorney in order to determine whether or not they can take legal action to seek compensation for any damages resulting from the wrongful death of a loved one.

Last week, a Cary woman who filed a wrongful death lawsuit against Amtrak after her husband was killed in an accident learned that her claim has been dismissed by a federal judge. Under North Carolina law, an individual must be the administrator of one's estate in order to file a wrongful death lawsuit. While reviewing the woman's claim, it was discovered that she could not sue Amtrak for causing her husband's death because she was not the administrator of his estate.

The Cary woman's husband was killed in 2009 after the vehicle he was in was struck by an Amtrak train. The lawsuit alleged that the man's vehicle got trapped on the crossing as the train approached because of a malfunction with the safety arms at the crossing. Her husband was 60 years old when he was killed.

Filing a wrongful death claim is a complex process in the state of North Carolina. For this reason, families in Fayetteville and throughout the entire state may want to consider working with an experienced and aggressive attorney who understands the state's complex laws regarding such claims.

Source: WRAL.com, "Judge dismisses wrongful death lawsuit against Amtrak," Kelly Gardner, Nov. 23, 2011

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