Wrongful Death Lawyer in Charlotte

Losing a loved one is incredibly painful, especially when another person’s carelessness or reckless behavior causes their death. 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. Call us today for a free consultation. 

When You Can File a Wrongful Death Claim in Charlotte

You may file a wrongful death claim at any time 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 another’s wrongful act or neglect caused a person’s death. 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 that the defendant’s negligence caused the death. A Charlotte wrongful death lawyer can guide you through this process with compassion and professionalism.

How We Prove Negligence 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. These forms of evidence can show the responsible party’s negligence to the insurer or court.

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

How Our Wrongful Death Lawyers in Charlotte Can Help

When you trust us with your wrongful death claim, our dedicated team can guide you through every step of the legal process. We take the time to:

• Look into the details surrounding the wrongful death
• Pinpoint the person, business, or other responsible 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. Furthermore, you can rely on us to answer all common questions about wrongful death that you may have.

Why Select Our Charlotte Wrongful Death Attorneys After a Fatal Accident?

Our team provides your family with the compassionate legal guidance you need after the loss of a loved one. We have over 120 years of combined experience and the resources to help with all the challenges you face during this difficult time. 

We believe in serving our community and protecting our clients. We’ll advocate for your family, and we remain accessible throughout the legal process. You can contact us right away with any questions or concerns regarding your claim. 

We have a reputation for successfully resolving wrongful death claims and bringing millions to families that turn to us for help. We’re ready to discuss the next steps you need to take after the loss of a loved one. 

We Help Families on a Contingency Fee Basis

You can rely on our team at Whitley Law Firm to handle your family’s wrongful death claim on a contingency fee basis. We only accept payment for legal fees once we resolve your family’s claim, so you do not face additional financial pressures in this challenging time. We also offer free legal consultations.

Types of Wrongful Death Cases Our Charlotte Lawyers Handle

Our skilled attorneys are here to help families whose loved ones suffered fatal injuries in a range of tragic situations. Our experienced attorneys include the following:

• Charlotte car accident lawyers: Negligent drivers can cause various types of motor vehicle accidents on the road.
• Charlotte truck accident lawyers: Fatal truck accidents often involve tractor-trailers or other vehicles. They frequently occur due to violations of safety regulations by truck drivers or companies.
• Charlotte motorcycle accident lawyers: Motorcyclists are particularly vulnerable to fatal accidents caused by reckless or inattentive drivers. We can help your family pursue justice after these tragic events.
• Charlotte pedestrian accident lawyers: We can help you after a pedestrian accident caused by negligent drivers, including those distracted or under the influence.
• Charlotte bicycle accident lawyers: Cyclists are at risk of fatal accidents when drivers fail to share the road responsibly. We can assist in holding negligent parties accountable for their actions.
• Charlotte dog bite lawyers: Fatal dog attacks can leave families devastated. Our team can help you seek justice and hold pet owners accountable for failing to control dangerous animals.
• Charlotte workers’ compensation lawyer: You can turn to us for help after a workplace accident. Additionally, exposure to harmful substances in the workplace, including asbestos and other hazardous materials, can have deadly effects. We can explain what workers’ comp death benefits are if you lose a loved one in an on-the-job accident.
• Charlotte construction accident lawyers: We can help your family after a deadly construction site accident. If the at-fault party is a third party, we can file a workplace injury lawsuit.
• Charlotte boat accident lawyers: We can help after a deadly accident on the water. You can turn to our team for assistance after a fatal boating, Jet Ski, or tubing incident.
• Charlotte nursing home abuse lawyers: Acts of nursing home abuse and neglect can lead to wrongful death. We understand the trust families place in these facilities to care for loved ones and the tremendous emotional strain your family can feel when the care home fails to live up to proper standards.
• Charlotte product liability lawyers: Defective products can cause fatal accidents. We’re here to help with these situations. You can contact us after an accident involving faulty medical devices or dangerous drugs.
• Charlotte medical malpractice lawyers: Medical errors, such as misdiagnoses, surgical mistakes, or medication errors, can have fatal consequences. Our team is here to assist families in pursuing justice after losing a loved one due to a healthcare provider’s negligence.

Whether it’s a truck accident, a pedestrian accident, or a workplace accident, we understand how devastating it is to lose a loved one. Our team of personal injury attorneys is ready to act quickly to gather evidence, speak to witnesses, and file your legal claim.

Compensation Available in a Wrongful Death Claim

Under North Carolina’s wrongful death laws, families may seek various forms of compensation to ease the burden after the loss of a loved one. Some of the compensatory damages that your family may pursue in a wrongful death action 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 that the deceased person would have provided
• Compensation for the pain and suffering experienced before their passing
• Loss of companionship and services that the deceased person would have offered

In certain cases, the court may award punitive damages if intentional or reckless actions caused the wrongful death. The legal system uses these types of damages 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 Qualifies to Receive Wrongful Death Damages?

Our legal team can explain who gets the money in a wrongful death lawsuit in NC. 

The damages associated with a wrongful death claim typically go to the dependents of the deceased. In some cases, these funds go to the deceased’s estate.

Our wrongful death lawyer in Charlotte can review your circumstances and determine if you qualify to receive damages after the loss of a loved one. 

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.

Your Eligibility to File a Wrongful Death Lawsuit

Losing a loved one due to someone else’s negligence is one of the most difficult experiences a family can endure. In North Carolina, filing a wrongful death claim is a way to seek justice and financial compensation for the loss. However, not everyone can file such a claim—this responsibility falls to a specific individual known as the personal representative or the representative of the deceased’s estate.

Here’s what you need to know about who can file a wrongful death lawsuit:

• The personal representative is generally named in the deceased’s will or estate plan.
• If no representative is specified, the court can appoint one. This is usually a close family member, such as a spouse, parent, or adult child, but it can also be another trusted individual, such as a legal or financial professional.
• The representative is responsible for filing the claim on behalf of the deceased’s estate and ensuring any compensation is distributed according to North Carolina law.

The personal representative plays a vital role in protecting the rights of the deceased and their family. They are tasked with ensuring that the claim is handled properly and that damages are pursued for medical expenses, funeral costs, loss of income, and the emotional suffering caused by the loss of a loved one.

If your family is facing this challenging situation, it’s important to work with an experienced wrongful death lawyer in Charlotte. The compassionate attorneys at Whitley Law Firm are here to guide you through the legal process, ensuring that your loved one’s memory is honored and that justice is served for your family.

You May Not Need to File a Lawsuit

You may resolve your wrongful death claim without filing a lawsuit against the liable party in some cases. Instead, our team may take charge of negotiating with the insurance company that represents the liable party. 

We can push back if the insurance company tries to undervalue the losses your family sustains. We know how to level the playing field so we can review all settlement offers and determine if they represent the best interests of your family. 

Statute of Limitations for Wrongful Death Lawsuits 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 the 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 Our Team in Charlotte, NC

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 of experienced personal injury attorneys 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 dedicated legal representation you deserve during this challenging time. Reach out to Whitley Law Firm today to learn more about how we can help. We offer free initial consultations. Call our office today!