Gastonia Wrongful Death Lawyer

Gastonia Wrongful Death Attorney

The unexpected death of a loved one is a tragic loss that cannot be measured. Wrongful death claims provide a way for loved ones to receive justice and compensation if the death occurred due to the negligence or intentional act of another party. This legal avenue opens the door for retribution and acknowledgment of the injustice that led to death. A Gastonia wrongful death lawyer from DAS Law Group, P.A., is here to help you navigate this process.

Common Causes of Wrongful Deaths

Wrongful death can happen in various industries and settings.

Below are some of the common ways a wrongful death occurs:

• Car Accidents: Car accidents often happen due to negligent driving behaviors such as speeding, distracted driving, driving under the influence, and reckless driving, which can all lead to fatal accidents. An example could be a driver running a red light and causing a fatal accident.
• Medical Malpractice: Medical errors, negligence, or failures in medical treatment can lead to wrongful deaths. This can include misdiagnosis, medication mistakes, surgical errors, or failure to treat a condition properly. An example is if a doctor misdiagnoses a serious illness like cancer, and it leads to improper or delayed treatment and then death.
• Workplace Accidents: Unsafe work conditions or failure to follow safety regulations can lead to fatal accidents, especially in higher-risk industries such as manufacturing, construction, and transportation. For example, a worker could be fatally injured by heavy machinery due to inadequate safety protocols.
• Product Liability: When a dangerous and/or defective product causes death, a manufacturer, distributor, or retailer can be held liable for a wrongful death claim. These products, such as faulty auto parts, unstable medications, and defective appliances, may be unsafe.
• Premises Liability: Property owners are responsible for maintaining safe conditions on their premises. If an individual dies as a result of unsafe conditions, such as a slip-and-fall accident or inadequate security, the property owner may be found liable.

Understanding Negligence in Wrongful Death Cases

In wrongful death claims, negligence plays a critical role because it can be the foundation upon which a successful claim is built. To prove negligence in a wrongful death case, you generally must demonstrate that the death was the result of another party’s failure to perform reasonable care.

Understanding the key elements of negligence ultimately helps in understanding how to prove liability.

• Duty of Care: The first step in proving negligence is showing that the defendant owed the deceased person a legal duty of care. This means proving that the defendant was responsible for acting in a manner that would reasonably prevent harm. An example could be showing that a driver has a duty to follow traffic laws and drive in a safe manner to avoid injuring others on the road.
• Breach of Duty: Once the duty of care is established, the next step is to prove that the defendant breached it. This means they did not uphold their legal duty to act as a reasonable person would in that situation. This could be through intentional action or inaction. An example of this step is showing that the driver ran a red light or perhaps doctors failed to diagnose a life-threatening condition and, therefore, breached their respective duties of care.
• Causation: Causation is necessary because this links the breach of duty with the ultimate death. This step requires proving that the defendant’s breach of duty ended up leading to the death. For example, a driver who runs a red light and causes a crash that results in death. The breach of duty would be running the red light and is the ultimate cause of the death.
• Damages: Finally, it must be shown that the plaintiff suffered damages as a result of the death. Wrongful death cases are typically pursued to cover the financial losses and emotional suffering suffered by the deceased’s family and loved ones. The damages may include medical costs, funeral expenses, loss of companionship, and more.

If you are navigating a wrongful death claim, it is essential that you don’t delay in receiving legal support and advice.

Gastonia Wrongful Death FAQs

Q: What Constitutes Wrongful Death in Gastonia?

A: What constitutes wrongful death in Gastonia is when an individual’s death is caused by the neglect, wrongful act, or default of another party. Wrongful death claims can be brought if someone dies due to the fault of another party and follows the similar protocol of a personal injury claim. Generally, these claims are brought forth by the surviving family members and loved ones of the deceased to seek justice and compensation for their monetary losses.

Q: How Do You Split a Wrongful Death Settlement in Gastonia?

A: To split a wrongful death settlement in Gastonia when there are multiple beneficiaries, the state follows intestate succession laws. The court works to ensure that the settlement is fair and that the correct beneficiaries receive the amount of the payout they are owed. Common plaintiffs who may receive all or some of the settlement include spouses and children.

Q: Is Wrongful Death the Same as Negligence?

A: Wrongful death and negligence are separate but related terms. Negligence occurs when an individual fails to exercise reasonable care and harms another person. A wrongful death claim arises if someone dies due to the wrongful act, negligence, or intentional misconduct of another person or party. Negligence can be a cause of wrongful death, and in many cases, the prosecution must prove negligence to have a successful claim.

Q: Can a Sibling Sue for Wrongful Death in Gastonia?

A: A sibling cannot directly file a wrongful death lawsuit in Gastonia; instead, the claim must be brought by a personal representative of the deceased person’s estate. This person may have been named in the deceased’s will or appointed by the court if there is no valid will; however, a sibling can have a role in the process under certain conditions.

Contact a Trusted Wrongful Death Lawyer Today

If you believe you have a wrongful death case, consider contacting a trusted wrongful death lawyer from DAS Law Group, P.A. Set up a consultation and learn how we can help you this time. We understand how complex and overwhelming legal action can be, especially during this difficult time, which is why we are here to offer compassionate advice and support.