Charlotte Wrongful Death Lawyer

Representing Families Of Victims Involved In Fatal Accidents

Losing a loved one in a fatal accident is one of the most difficult things any family can endure. While the emotional devastation is foremost in your mind, there are other aspects of your life that will also be disrupted. Your financial situation may be the last thing you want to think about, but that is exactly why you need legal help from a Charlotte wrongful death lawyer.

A skilled wrongful death lawyer can pursue full, fair compensation for your losses, which can give you peace of mind and allow you to focus on your family. At DAS Law Group, P.A., an experienced and compassionate Charlotte personal injury lawyer is prepared to help you regain financial stability and restore your sense of justice.

Caring And Thorough Representation in Wrongful Death Cases

The wrongful death of a loved one can, unfortunately, occur from a variety of different circumstances, including negligence, medical malpractice, or an intentionally wrongful act.

Our firm represents people in families that have lost loved ones in fatal accidents, such as:

• Motor vehicle accidents including those involving drunk drivers, drugs, reckless driving and injuries to pedestrians
• Commercial truck accidents motorcycle traffic collisions
• Medical malpractice, nursing home neglect and hospital negligence
• Dangerous and defective products (product liability), including mislabeled or improperly tested medications, medical equipment, motor vehicles, machinery, electronics, appliances, and other manufactured products
• Premises liability cases, including drowning and deaths due to criminal activity resulting from inadequate security
• Death following injury from a violent crime, such as an assault and battery, homicide, vehicular manslaughter, etc.

North Carolina Estate Administration and Wrongful Death

In the state of North Carolina, wrongful death claims are filed on behalf of the deceased’s estate, which has important repercussions on the probate administration process. The law places certain limits on financial recovery after fatal accidents. For example, only the executor of the deceased person’s estate may file a wrongful death claim. Some states allow the surviving family members to file for wrongful death of their spouse or relative, but this is not the case in North Carolina.

Oftentimes, a family member or spouse of the deceased party is designated as the executor, or personal representative, of their estate. The deceased may have named a person to administer their estate within their will. If that person is unable to serve as personal representative or the deceased lacks an estate plan, the court will appoint someone else to carry out the estate, such as surviving spouses, parents, and adult children.

When we handle your fatal accident case, DAS Law Group, P.A., will also help you handle estate administration. We will advise the personal representative throughout the probate process. We will file the initial inventory, provide notice to all creditors and handle the bills of the estate, including any final medical and funeral expenses. Our attorneys understand the law and how to build a powerful case for full and fair recovery.

Benefits of Having a Qualified Wrongful Death Attorney

It’s important to retain the counsel of an educated and experienced personal injury lawyer, especially one who’s familiar with cases of wrongful death since the relevant laws intersect with estate administration legislation and procedures. A skilled injury and wrongful death attorney can keep you informed by answering any questions you have, keeping you and your family updated about the progression of your filing, and providing knowledgeable counsel.

Furthermore, as wrongful death connects with estate administration, your lawyer can also assist you in settling your loved one’s estate. Being the administrator or representative of a person’s estate can be a complex and extensive process, so it helps to have a legal professional who can speak on your behalf should any issues arise, ensure you’re acting in accordance with the various laws and requirements at play, and handle all deadlines, paperwork, and general organization needed in these complex matters.

Trying to pursue a wrongful death claim while simultaneously managing an estate’s administration effectively is understandably overwhelming. You don’t need to attempt to do it all by yourself. A proficient lawyer with experience in injury claims and estate planning can help streamline the process for you and ensure your family acquires fair compensation for the wrongful death of your loved one.

Types of Recoverable Damages for Wrongful Death

Settlements or case awards for wrongful death are composed of economic and non-economic losses, as well as punitive damages in some instances. Economic damages may include:

• The cost of hospital visits, medical treatment, and ongoing care resulting from the injury or illness that caused the wrongful death. This could include the cost of medications, surgeries, and other types of care.
• Loss of the deceased individual’s income
• The expenses for reasonable funeral and/or burial arrangements.

Non-economic losses are difficult to measure and quantify, but your experienced legal team can help you determine what to calculate, given the circumstances. These damages include:

• The physical pain, emotional and mental suffering experienced by the victim prior to death
• The surviving relatives’ loss of the deceased’s protection, care, assistance, and services
• The loss of companionship, guidance, advice, love, and affection of the deceased.

Punitive damages are not awarded with the intention to compensate the deceased’s family or estate; rather, their intention is to punish the party liable for the death. These damages are typically only given if the death was caused by the responsible party’s malicious, willful, or wanton misconduct.

FAQs

Q: What Is Wrongful Death in North Carolina Legislation?

A: North Carolina legislation outlines a “wrongful death” as one resulting from the actions of another person or entity that was wrongful, negligent, or entailed a failure to fulfill an obligation or duty.

Additionally, a wrongful death claim effectively presumes that if the deceased person had survived their injury or illness, they would be entitled to file a personal injury case. Instead, a wrongful death case is filed on the deceased’s behalf by the executor of their estate.

Q: How Is Wrongful Death Proven?

A: Wrongful death claims are subject to the burden of proof of a preponderance of evidence. The plaintiff is obligated to establish that the defendant is more likely than not to be liable for the wrongful death.

To do so, they should show that the death was caused by the defendant’s intentional or negligent act, the act directly caused the death, and damages were subsequently incurred.

Q: Who Gets the Money in a Wrongful Death Case in Charlotte, NC?

A: The settlement from a wrongful death case in Charlotte, North Carolina will go to the person’s estate. The payout will likely be divided amongst the estate’s beneficiaries.

If there is no estate plan, distribution follows North Carolina’s succession laws in the order of the surviving spouse, children of the deceased, grandchildren of the deceased, surviving parents, and siblings of the deceased.

Q: What Is the Statute of Limitations for Wrongful Death in NC?

A: In North Carolina, the statute of limitations for wrongful death filings is two years from the date of death. This means that within this time window of two years, an official claim of wrongful death must be filed with the court. Otherwise, the parties that may benefit from a settlement will lose their ability to seek compensation.

Q: What Damages Are Included in a Wrongful Death Settlement?

A: For families who received a wrongful death settlement, the payout may include losses such as:

• Any medical or hospital expenses for treating the injury or illness that resulted in the deceased’s death
• Pain and suffering the deceased experienced prior to death
• Reasonable funeral and burial expenses
• Loss of the deceased person’s income
• Loss of the deceased’s care, protection, assistance, and service
• The family’s loss of companionship, guidance, advice, and comfort.

Complexity Doesn’t Scare Us—We Can Represent You

A wrongful death claim can be complicated, but our competent personal injury attorneys can clarify and lead you through the process effectively. You should not have to face this difficult time alone, and we’re here to help you through it. If you have lost a loved one in a fatal accident, contact DAS Law Group, P.A. today by calling our office in Charlotte, North Carolina at 704-377-5242 or schedule a consultation through our website.