Losing a loved one is incredibly painful, especially when their death was caused by someone’s carelessness. At Whitley Law Firm, we understand the emotional and financial impact this can have on your family. As your trusted Charlotte wrongful death lawyer, we’re here to support you every step of the way.
If someone else is responsible for your loved one’s passing, you may have the right to pursue compensation for your losses. As your Charlotte personal injury lawyer, we’re committed to helping your family find relief from mounting expenses.
While no settlement can bring back your loved one, holding the responsible party accountable may help your family find peace. We promise to return every call within 24 hours or sooner.
North Carolina Wrongful Death Claims
Wrongful death occurs when someone’s negligent action or criminal misconduct causes a fatality. Our lawyers can help surviving family members file a wrongful death lawsuit to seek financial recovery from the responsible party. This type of claim is separate from any criminal case.
North Carolina General Statute 28A‑18‑2 allows families to sue if a person’s death was caused by another’s wrongful act or neglect. These claims are often filed by a family member or on behalf of the deceased’s estate.
To succeed in a claim, the family or estate must prove the defendant’s negligence caused the death. A Charlotte catastrophic injury lawyer can guide you through this process with compassion and professionalism.
For a free legal consultation with a wrongful death lawyer serving Charlotte, call (800)785-5000
How Negligence is Proven in a Wrongful Death Case
In a wrongful death case, demonstrating negligence involves meeting several key criteria:
- Duty of care: The party responsible for the accident had an obligation to act with care toward your loved one, as any reasonable person would in a similar situation.
- Breach of duty: They failed to fulfill this responsibility, acting negligently or recklessly, putting your loved one in harm’s way.
- Causation: This breach directly led to the accident that resulted in your loved one’s passing.
- Damages: Your family experienced personal and financial loss due to the tragic event.
To prove these points, your attorney would gather evidence such as accident reports, video footage, photos, and expert testimony to build a strong case for wrongful death damages. This helps to show the responsible party’s negligence to the insurer or court.
Charlotte Wrongful Death Lawyer Near Me (800)785-5000
How Our Charlotte Wrongful Death Attorneys Can Help
When you trust us with your wrongful death claim, our dedicated team is here to guide you through every step. We take the time to:
- Look into the details surrounding the wrongful death.
- Pinpoint who is legally responsible, whether it’s a person, business, or another party.
- Review relevant insurance policies that may offer financial relief.
Additionally, we make sure to:
- Identify those eligible to receive wrongful death compensation.
- Gather and organize all necessary evidence.
- Handle communication and claims with insurance companies on your behalf, and if needed, move forward with legal action.
We’re here to provide you with the support and guidance you need to pursue justice for your loved one.
Click to contact our Charlotte Personal Injury Lawyers today
Types of Wrongful Death Cases We Handle
We are here to help families who have lost loved ones in a range of tragic situations. Some common wrongful death cases we handle include:
- Fatal truck accidents involving tractor-trailers or other vehicles, often due to violations of safety regulations by truck drivers or companies
- Pedestrian accidents caused by negligent drivers, including those distracted or under the influence
- Workplace accidents, such as construction site injuries and falls
- Exposure to harmful substances in the workplace, including asbestos and other hazardous materials
- Deadly boating accidents, including Jet Ski and tubing incidents
- Nursing home abuse and neglect leading to wrongful death
- Defective products, including faulty medical devices or dangerous drugs
Whether it’s a truck accident, pedestrian accident, or workplace tragedy, we understand how devastating it is to lose a loved one. Our team is ready to act quickly to gather evidence, speak to witnesses, and protect your rights.
Complete a Free Case Evaluation form now
Compensation Available in a Wrongful Death Claim
Under North Carolina’s Wrongful Death Act, N.C. General Statutes § 28A-18-2, families may seek various forms of compensation to ease the burden after the loss of a loved one. Some of the damages that may be pursued include:
- Medical expenses for the deceased person’s care, such as hospitalization and hospice services
- Burial expenses and funeral expenses
- Loss of income and benefits the deceased person would have provided
- Compensation for the pain and suffering experienced before their passing
- Loss of companionship and services the deceased person would have offered
In certain cases, punitive damages may be awarded if the wrongful death was caused by intentional or reckless actions. These damages are intended to hold the responsible party accountable.
During this difficult time, a Charlotte wrongful death attorney can provide the guidance needed to help you through the process and seek the compensation your family deserves.
Who is Responsible for Paying Damages in a Wrongful Death Case?
In a wrongful death case, the person or party responsible for the accident is typically held financially accountable, often through their insurance provider. Depending on the circumstances of the case, more than one individual or entity may be liable. Those who may be responsible include:
- Drivers involved in the accident
- Businesses or employers
- Property owners or managers
- Rental property residents
- Government agencies
- Healthcare providers, such as doctors, nurses, or hospitals
- Nursing home staff
Your Charlotte wrongful death lawyer will carefully investigate the circumstances of your loved one’s passing to determine who should be held accountable for the damages your family has suffered.
Who Can File a Wrongful Death Lawsuit in North Carolina?
In North Carolina, a wrongful death lawsuit must be filed by the executor or administrator of the deceased person’s estate. This individual is responsible for starting the legal process to pursue financial compensation on behalf of the estate and its beneficiaries, which often include the surviving spouse, children, and adult children.
If the deceased had a will, the named executor serves as the representative who can file the lawsuit. If there is no will, the court will appoint an administrator to handle this responsibility.
By taking the appropriate legal steps, the executor or administrator can seek financial compensation for the family’s loss and help ensure that the legal process is handled smoothly.
Statute of Limitations for Wrongful Death Claims in North Carolina
In North Carolina, the statute of limitations gives families two years from the date of their loved one’s passing to file a wrongful death lawsuit. This time frame is essential for pursuing wrongful death damages, including medical expenses, loss of income, and other financial burdens.
In some situations, there may be exceptions that allow more time to file, but it’s important to act promptly. Delays can affect your ability to gather necessary evidence and proceed with the legal process.
Consulting with a Charlotte wrongful death attorney as soon as possible can help you understand your options and begin seeking the compensation your family deserves within the North Carolina statute of limitations.
What Are the Chances of Winning a Wrongful Death Case?
The chances of success in a wrongful death case depend on the strength of the evidence, including credible witnesses and proof of the cause of your loved one’s passing and your family’s hardships.
The defense may try to argue that your loved one contributed to the accident. Our Charlotte wrongful death attorneys are ready to defend your case and protect your family from unfair claims.
We are here to guide you through the legal process, standing by your side throughout the journey.
Get the Legal Support You Deserve from Whitley Law Firm
At Whitley Law Firm, we understand how difficult it is to lose a loved one due to someone else’s negligence. Having a compassionate and experienced Charlotte wrongful death attorney on your side can make a difference in pursuing justice for your family.
Our team is here to provide the support and legal guidance you need, helping you hold the responsible party accountable. Whether it’s answering your questions or gathering the necessary evidence, we are ready to assist you every step of the way.
We’re available 24/7 to discuss your case and offer the support you deserve during this challenging time. Reach out to Whitley Law Firm today to learn more about how we can help.
Call (800)785-5000 or complete a Free Case Evaluation form