Wrongful Death Lawyer in Gastonia

Losing a loved one due to someone else’s negligence or wrongful actions creates profound grief that no legal remedy can truly heal. However, pursuing a wrongful death claim in Gastonia can provide financial security for your family while holding responsible parties accountable for their actions. 

At Whitley Law Firm, we understand that families facing these tragic circumstances need compassionate legal guidance combined with aggressive advocacy. When you need help, our wrongful death lawyers in Gastonia will be there.

Our Gastonia personal injury lawyer team serves families throughout Gaston County with the same dedication and family-focused approach that has made us North Carolina’s trusted choice for over 50 years. When you’re dealing with the unthinkable, we’ll care for you like family while fighting tirelessly for the justice your loved one deserves.

Understanding Wrongful Death Claims in Gastonia

North Carolina law defines wrongful death as occurring when a person dies due to “wrongful act, neglect, or default of another” that would have entitled the deceased to file a personal injury lawsuit had they survived.

Understanding your rights under North Carolina’s wrongful death statute is crucial during this difficult time. The law recognizes that families suffer both economic and emotional losses when a loved one dies due to another’s negligence, and it provides a pathway for accountability and compensation.

Who Can File a Wrongful Death Lawsuit in North Carolina

Unlike personal injury claims, where the injured person files their own lawsuit, wrongful death cases in North Carolina follow a different route to compensation. Only the personal representative of the deceased person’s estate has the legal authority to file a wrongful death claim. 

This individual, also known as the executor or administrator, is typically named in the deceased’s will or appointed by the court if no will exists. The personal representative files the lawsuit on behalf of the estate and all eligible beneficiaries, but they are not necessarily the person who receives the compensation. 

Family members such as spouses, parents, or adult children often serve as personal representatives, though the court may appoint another qualified individual if needed. The personal representative must be properly appointed through the probate court process before legal action can begin.

Gastonia Wrongful Death Lawyer Near Me (800) 785-5000

Damages Available in Gastonia Wrongful Death Cases

North Carolina’s wrongful death statute allows recovery for both economic and non-economic losses that result from your loved one’s death. These damages are designed to compensate the family for their profound losses, though no amount of money can truly replace a human life.

Economic Damages

The financial impact of losing a family member often extends far beyond immediate funeral costs. Economic damages in wrongful death cases include medical expenses incurred for treatment of the injury that led to death, reasonable funeral and burial expenses, and the present monetary value of the deceased’s expected future earnings. This calculation considers factors such as the person’s age, health, work life expectancy, and earning capacity.

For younger victims or those in their prime earning years, lost income calculations can result in substantial awards. Our team works with economic professionals to accurately project these losses, ensuring that families receive fair compensation for the financial security they’ve lost.

Non-Economic Damages

The emotional and relational losses families suffer are equally significant. North Carolina law recognizes compensation for the loss of the deceased’s services, protection, care, and assistance to family members. This includes both voluntary and legally required support that the deceased provided.

Perhaps most importantly, families can recover from the loss of society, companionship, comfort, guidance, and advice their loved one provided. These intangible contributions – a parent’s guidance, a spouse’s companionship, a child’s joy – represent some of the most profound losses families experience.

The deceased’s own pain and suffering before death may also be recoverable if there was conscious suffering between the injury and death. This acknowledges that the victim endured trauma that deserves compensation.

Common Types of Wrongful Death Cases in Gastonia

Gastonia’s location in the Charlotte metropolitan area and its industrial character contribute to various types of fatal accidents that may give rise to wrongful death claims. Some of the types of cases our wrongful death lawyers in Gastonia pursue include:

Motor Vehicle Accidents

The intersection of major highways, including I-85, Highway 321, and Highway 74, creates high-risk areas for serious traffic accidents. Commercial truck accidents are particularly devastating given the volume of freight traffic traveling through our area to and from Charlotte. Passenger vehicle collisions, motorcycle accidents, and pedestrian fatalities occur with regularity on our busy roadways.

Our team has extensive experience handling complex motor vehicle wrongful death cases, including those involving multiple parties, commercial vehicles, and insurance coverage disputes. We understand how to investigate these accidents thoroughly and identify all potentially liable parties.

Workplace Fatalities

Gastonia’s manufacturing heritage means many residents work in industrial settings with inherent dangers. Construction accidents, machinery malfunctions, chemical exposures, and falls from heights can all result in workplace fatalities.

While workers’ compensation may provide some benefits, wrongful death claims against third parties or in cases involving gross negligence can give additional compensation for families.

Medical Malpractice

When healthcare providers fail to meet accepted standards of care, the results can be fatal. Surgical errors, misdiagnoses, medication mistakes, and failures to properly monitor patients can all lead to wrongful death. These cases require extensive medical knowledge and resources to prove that the healthcare provider’s negligence directly caused the death.

Premises Liability

Property owners throughout Gastonia have a duty to maintain safe conditions for visitors. Fatal accidents can occur due to inadequate security leading to violent crimes, dangerous property conditions causing falls or other accidents, or negligent maintenance of swimming pools, parking lots, or building structures.

Why Choose Whitley Law Firm for Your Gastonia Wrongful Death Case

Our firm has served North Carolina families for over 50 years, building a reputation for compassionate service and powerful advocacy. We understand that wrongful death cases are about more than legal technicalities – they’re about families seeking justice for their loved ones and financial security for their future.

We’ll care for you like family throughout this difficult process. Our team provides personal attention and clear communication, ensuring you understand each step of your case. We handle the legal complexities while you focus on your family’s healing.

With more than 120 years of combined legal experience, our attorneys have the knowledge and resources necessary to handle complex wrongful death cases. We’ve secured significant settlements and verdicts for families throughout North Carolina, including multi-million dollar recoveries in catastrophic cases.

Contact Our Gastonia Wrongful Death Lawyers Today

If you’ve lost a loved one due to someone else’s negligence or wrongful actions, don’t face this difficult time alone. The Whitley Advantage isn’t just one thing – it’s everything, and our team is ready to provide the comprehensive support and aggressive advocacy your family needs.

Call us today for a free consultation to discuss your case with our experienced wrongful death attorneys. We’ll review the circumstances of your loss, explain your legal options, and help you understand the next steps in pursuing justice for your loved one. 

Time is critical in wrongful death cases, so contact our Gastonia wrongful death attorneys today to protect your family’s rights and begin the path toward accountability and recovery.