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Charlotte Wrongful Death Lawyers

A wrongful death attorney can help your recovery for a loved one.

Do You Need A Charlotte Wrongful Death Attorney? 

A sad state of affairs 

According to a report by the Highway Safety Research Center at the University of North Carolina at Chapel Hill, there were 33,358 car accidents in Charlotte in 2017. 10,797 of these resulted in serious injury, and 90 more led to loss of life. 

These were needless injuries and deaths that shaped thousands of lives. Unfortunately, with Charlotte’s growth and continued thriving wrongful deaths and injuries are a little more common than anyone is comfortable with. They happen everywhere, from hospitals with medical malpractice to office spaces with work-related accidents. 

This is where the services of a Charlotte wrongful death attorney come in very handy. In the sections below we shall take a look at all the information you need to understand what wrongful death is and how to get justice for those you care about. That way, whether it was an untimely death or a debilitating injury, you know just where to start. 

You need wrongful death lawyers to help you recover for a loved one.

 

What is the legal process to seek financial compensation for wrongful death? 

First thing’s first, it is important to understand exactly what wrongful death means. By definition, wrongful death means: 

“A death caused by the wrongful act or neglect of another, either accidentally or intentionally.” 

It could be an oversight by a production company that led to loss of life by consumers or maybe the doctor made a mistake that led to disability or death. 

What is interesting is that it is considered a civil case and not a criminal act. This is because even with intentional actions that result in death, the focus is more on the loss of life than the criminal intent, if any. 

Perpetrators of the wrongful death suit do not usually face jail time due to the fact that it is a civil case. Instead, if found liable they are required to pay some form of compensation determined by the court. 

Leading causes of wrongful deaths in Charlotte 

There are quite a number of Charlotte wrongful death attorney services. This is because there are many cases to cover, from deaths due to car accidents to injuries from medical neglect. For a bit more perspective, here are some of the leading causes of wrongful death and injury in Charlotte, North Carolina. 

Road Accidents 

These are unfortunately very common in Charlotte if the numbers mentioned at the start are anything to go by. Road accidents claim way too many lives and those left behind often have a lot of healing and picking up to do. 

Wrongful death suits in this case are meant to establish liability in the offending driver. While most accidents are truly just accidents, there are a lot that are as a result of gross negligence of road safety laws and guidelines. 

The cause could be anything from a drunk or unqualified driver to a distracted driver who was on their phone at the time of the accident. These are often preventable deaths and thus the best candidates for a wrongful death suit. 

Workplace Incidents 

As the name suggests, these are accidents that happen at the workplace. They are very common in sites of manual labor, whether it is a construction or even a mining site. However, they are also not entirely unheard of in office settings, despite being relatively rare. 

In this case, employees injured while at the workplace can sue their employers, especially if the incident is linked to a mistake on the latter’s part. In the case of deaths due to injuries at the workplace, the wrongful death claim is often made by the next of kin. 

In that case, you will need a great wrongful death lawyer as you will most likely be going up against corporate giants. 

Medical Malpractice 

Hospitals are where we go to get help and to feel safe when we are sick or injured. Unfortunately, things do not always go as planned, with medical malpractice being a major issue facing Charlotte. 

In fact, a report by the New England Journal of Medicine estimates that about 4000 people die every year in big North Carolina cities like Charlotte due to preventable medical errors. 

If you happen to lose a loved one in a hospital, then you have every right to seek answers and get justice if things were not done right and the death was actually preventable. 

Slip and fall accidents 

Slip and fall accidents may seem innocuous but they are often life-changing. More often than not, they lead to chronic injuries, including head injuries and bone fractures. These alone are merited claims that employees or visitors in a building can make against the management. This is especially the case where there was no warning sign or what was there was not placed somewhere visible. 

Deaths due to these accidents are relatively rare but still do happen, in which case a wrongful death suit would definitely be warranted. 

Other causes 

Other relatively rare causes of wrongful deaths include law enforcement incidences and faulty product incidences, just to name a few. In a nutshell, anything that could cause death as a result of an individual or group’s mistake definitely has a place on this list. 

Therefore, if you feel that the death of your loved one was actually someone’s fault then you can and definitely should consider looking into a lawsuit. 

Wrongful death lawyer in Charlotte NC can help deliver justice for your loved one.

Wrongful death suit FAQs 

What is a wrongful death claim? 

We have already established that a wrongful death is the one caused by negligence or wrongful acts. A wrongful death claim is therefore a civil lawsuit launched against the individual or group that is believed to have been responsible for the possibly preventable incident. 

There are 4 key pillars that give merit to a wrongful death claim. The first is negligence, in which case there must be proof that the accused’s recklessness resulted in the death. 

The second major element is causation, which means that the act of negligence must be directly related to the death. This means proving that the death would most likely not have occurred or occurred as it did if the actions of the potentially liable party were absent. 

The third key element in a wrongful death claim is the breach of duty. Here, it is important to establish responsibility of care and protection by the defendant. For example, a doctor is expected to care competently for their patient. Law enforcement officers are expected to protect civilians and so on.   

Finally, a wrongful death claim is only legitimate if there is proof of damages. This refers to what the person making the claim lost. This includes both economic and non-economic losses, as we will discuss shortly. 

Who can file a wrongful death claim? 

Not just anyone can make a compensation claim when it comes to wrongful death suits. Usually, the claim is filed by the deceased spouse or their dependents. 

In the case of the latter, a personal representative will actually be the one to file the claim especially if the dependents are underage. The representative may be an estate administrator or official guardian stipulated in the deceased person’s will. 

However, if there was no will, then the court will assign a personal representative who may either be a blood relative or a friend. This process involves vetting to establish the most appropriate individuals who will put the beneficiaries’ needs first.  

Whoever is chosen will then work with the Charlotte wrongful death attorney throughout the case for the deceased’s justice. 

If you have lost a loved one as the result of negligence, you need to consult wrongful death lawyers in Charlotte NC

 

How is liability proved in wrongful death suits? 

We mentioned under the key elements of a wrongful death suit that there has to be proof of negligence, breach of duty, causation, and damages. The first three are what determine liability and the last is what determines the value of said liability. 

How easy it will be to prove liability depends on two things. The first is the type of liability case and the specific circumstances surrounding the incident. Cases like medical malpractice where there may be extensive records are generally easier to prove than car accidents and other incidences that rely on witness reports. 

The second and undeniably most important factor when it comes to proving wrongful death liability is how good your Charlotte wrongful death attorney and firm are. With a good team, finding the necessary information to establish liability will be a lot easier. 

Types of Damages Can Be Claimed in a Wrongful Death Lawsuit

Damage under the law relates to your rights if you were injured. Our experienced wrongful death lawyers know how much damages to seek. We will aggressively pursue your claim in order for maximum compensation. Insurers are motivated by our expertise to obtain an effective settlement in an effort to avoid litigation. If your situation goes to trial there is a team of skilled lawyers on the side. Compensation provided for wrongful death claims in NC addresses expenses that were lost by the deceased estate’s surviving family members or family member.

What specific damages can you request? 

Damages are personal losses incurred as a result of wrongful death. They can either be quantifiable or non-quantifiable damages. 

Quantifiable damages 

The quantifiable kind is used when the claim is being made for economic compensation. They refer to actual, financial costs incurred by the plaintiff directly as a result of the death. The most common damages in this case include medical bills, funeral costs, and counselling costs, among many others. In some cases, loss of financial support by surviving dependents could also fall into this category. 

Non-quantifiable damages 

On the other hand, non-quantifiable damages are claims made for non-economic compensation. This does not mean that the compensation is not monetary. It just means that its purpose is to compensate for intangible losses. 

It could be due to things like grief and mental health side effects of the loss. It could also be something referred to as loss of consortium, which is essentially an association with a common goal, like marriage. 

Loss of financial support also often falls into this category. This is because, though occasionally quantifiable, many experts argue that you can never truly predict a person’s future ability and capacity to provide for their dependents. However, if there is proof that the provision was there and steady, it still counts as claimable damages. 

Is there a statute of limitation on wrongful death suits? 

In Charlotte, the statute of limitations when it comes to filing a wrongful death suit is 2 years from the date of death. Any time past that and you might not be able to get justice and have those responsible held liable for their mistakes. 

It is therefore very important to get working on finding a good lawyer and launching a strong case as soon as you suspect that the death was preventable. 

The best wrongful death lawyer in Charlotte North Carolina is found here.

Do I Have a Case? How is Wrongful Death Determined?

How do you assess whether someone has died from negligence? How is it caused? What are your legal options if someone has died in your life? Did a loved one’s death leave a surviving spouse or relatives whose financial hardships were caused by the loss? In this case, you might qualify for a wrongful death in North Carolina. The case is individualized, so it is best to pursue legal action and consult the lawyer regarding all the details of the matter.

Is it Smart to Hire a Wrongful Death Attorney?

It may be hard to find a  top wrongful death lawyer to assist you when someone has died as a result their own death or of negligence by others. An experience wrongful death attorney or a wrongful death lawyer will provide several advantages and protect you. Generally speaking, an experienced wrongful death lawyer in Charlotte can help you navigate the legal process. A skilled wrongful death lawyer has knowledge and expertise in handling wrongful death cases.

Engage Our Charlotte Wrongful Death Attorney to Handle Your Claim

A good attorney can be an effective solution when preparing an injury or death case. Experts in this stressful field like the Charlotte NC Car Accident Lawyers Group represent individuals and families. Upon request, your attorney is obligated to represent the insurance company. We will contact you with all the stakeholders, including insurers & others. Our lawyers know the law because they are experienced attorneys and understand the law. When you have our competent representations, we can assist the person in the case of negligent acts and the loss of a family member.

Get a good team on your side 

The secret to success when it comes to a wrongful death suit is to get a good team on your side. You need to work with a Charlotte wrongful death attorney that knows what they are doing. 

In this case, experience is super important. The smartest play is to go with a firm that specializes in whatever specific wrongful death claim you have. If it is death or injury due to vehicular incidences, then go for a firm with car accident lawyers. If it is medical negligence that led to the loss, then find a good medical malpractice firm. 

It is also important to work with a firm that goes above and beyond to help you out. This means not only offering legal advice but also helping with research and investigations to get the proof needed for success in court. This may be a bit of an extra investment on your part but it is without a doubt more than worth it. 

If you manage to find a legal team with all these features, you can rest assured that your case is in the best hands in Charlotte. 

The statute of Limitations on North Carolina Wrongful Death Claims

Generally, North Carolina statutes require claims for wrongful death damages to commence two years prior to death. While family members may feel too overwhelmed to seek legal help after the death, if the person is deemed ill, the time is critical to the process to seek compensation for medical expenses. A wrongful death suit under the NC General Statute 1-5 does NOT apply until the usual statutes for claims that have been filed against a deceased persons estate have expired.

When Should I Hire a Lawyer For a Wrongful Death Lawsuit?

When someone dies you need to consult an experienced attorney immediately. The legal professionals in this field can assist with the legal proceedings and help you get the most money possible. The Charlotte NC Car Accident Lawyers Group specializes in wrongful death cases and is committed to providing our clients with the finest possible results. Whether you are losing someone to a negligent accident or negligence, please contact us at 980-239-2275 for a free consultation.

Reach out to Charlotte wrongful death lawyers for free initial consultation expert representation 

We started this off with pretty disheartening statistics on wrongful deaths due to car accidentsUnfortunately, with Charlotte being as busy as it is, this may not be a problem we will soon be rid of. If you have suffered injury or a loss as a result of a vehicular incident, you need the best Charlotte wrongful death attorney there is. 

Charlotte Car Accident Lawyers Group is without a doubt one of the best firms in the city. We are dedicated to ensuring that you get justice. We understand that money won’t bring your loved one back or restore you to full physical strength after a terrible accident. However, the sense of justice in having those responsible held liable is invaluable for the healing process. 

So give us a call today at (980) 239-2275 to get started on the journey to get you and/or your loved one justice.  

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