Gastonia Fatal Car Accident Lawyer

Gastonia Fatal Car Accident Attorney

Losing a loved one in a car accident can leave the family stunned, confused, and grieving. Your family may be looking for justice or financial support after a loss, especially as medical bills and funeral expenses stack up and you’re suffering emotionally and financially. If you are in this situation, you should reach out to a Gastonia fatal car accident lawyer.

After a traumatic accident, it may not be your first thought to equip yourself with a Gastonia personal injury lawyer. However, you may be denying yourself adequate compensation that you might otherwise qualify for with the assistance and experience of qualified legal counsel.

Common Causes of Fatal Car Accidents in Gastonia

Aggressive/Reckless Driving

Aggressive driving includes behaviors that intimidate or provoke other drivers, such as tailgating, sudden braking, abrupt lane changes, and other actions that disregard the safety of others. Reckless or careless driving usually overlaps with aggressive driving in the same way that it disregards road safety.

Distracted Driving

Many things distract drivers on the road, such as using their cell phones, adjusting the radio, eating snacks, talking to their passengers, and more. Distractions can impair their reaction time and cause them to lose control or collide with other vehicles or pedestrians.

Speeding

Speeding can increase the risk of fatal car accidents because it can cause drivers to lose control of their vehicles. Combined with a shortened stopping distance and less time to react, this means even more forceful collisions for those in the vehicle and others.

Adverse Weather Conditions

Rain, snow, ice, fog, strong winds, and flooding can make traversing roads more difficult, and drivers can experience hydroplaning, slipping, and reduced visibility. On top of poor weather conditions, if a driver is speeding, distracted, or impaired, it can also increase the chances of car accidents.

Driving Under the Influence (DUI)

Driving while under the influence is a leading cause of all vehicle accident fatalities in the United States. Intoxicated driving can slow a driver’s reaction and impair their vision and judgment. This can mean ignoring road signs or hazards, speeding, and crossing into oncoming traffic.

Potential Compensation in Fatal Car Accidents

If your loved one died in a fatal car accident, you may be eligible for economic and non-economic damages.

Economic Damages

Economic damages are the tangible losses you or your family suffered from the death of your loved one. This can include compensation for lost income and inheritance, medical expenses, and funeral and burial expenses.

Non-Economic Damages

Non-economic damages are to compensate you for the intangible losses after the death of your loved one, including:

• Pain and suffering
• Loss of guidance and support
• Loss of companionship

Additionally, situations where the defendant’s actions are considered by the court to be particularly reckless and/or egregious may qualify for punitive damages. This type of damage punishes the defendant and deters similar behaviors.

Statute of Limitations for Claims

In North Carolina, you are required to file a wrongful death within two years of the death. Filing a lawsuit after the two-year deadline can result in a dismissal of your case, after which you will receive no compensation for your loss, so it is important to reach out to an experienced lawyer as quickly as possible to begin working on your case.

Why You Need a Lawyer After a Fatal Crash

Establishing fault and navigating the complexities of the legal system can be overwhelming after a sudden loss. Our experienced attorneys can provide invaluable support during this difficult time in your family’s lives, such as:

• Gathering crucial evidence like witness testimonies, police reports, accident analysis, expert testimonies, medical statements, and more to build a strong case.
• Working with financial experts who can accurately calculate the economic and non-economic damages you and your family may have suffered.
• Negotiate with insurance companies.
• Representing you in court and working towards the justice and compensation you deserve.

Gastonia Fatal Car Accident FAQs

Q: Who Can File a Wrongful Death Claim in North Carolina?

A: In North Carolina, the only person who can file a wrongful death claim is the personal representative assigned to manage the deceased person’s estate. This is the person who was named the executor in their will or was court-appointed as the administrator of their estate. Most likely, this will be a spouse, child, parent, or other family member.

Q: What Compensation Can I Receive in a Wrongful Death Claim?

A: In a North Carolina wrongful death claim, you may be entitled to economic and non-economic damages. This can include medical bills, loss of income, loss of inheritance, funeral and burial costs, pain and suffering, loss of companionship, and loss of guidance and support. To understand what compensation you may be entitled to, we recommend consulting with a wrongful death attorney about your case specifics.

Q: Can I Still File a Wrongful Death Claim if My Loved One Was Partially at Fault?

A: North Carolina follows contributory negligence rules, meaning if your loved one was found to be even partially at fault, you may not be able to recover compensation in Gastonia, NC. We recommend reaching out to a wrongful death attorney who can look at your case and provide you with guidance based on your situation’s specifics.

Q: How Is Fault Determined in a Wrongful Death Case?

A: In North Carolina, fault is determined through evidence, such as police reports, medical records, witness statements, expert opinions, accident reconstruction models, and any other relevant documentation. You and your attorney must prove that the defendant owed a legal duty of care, they breached that duty, and that breach caused the person’s death.

Q: How Long Do Most Fatal Car Accident Settlements Take?

A: Every fatal car accident settlement is different, so there is not a specific timeline for each case. It will depend on how complex the case is, the amount of damages claimed, how cooperative all relevant parties are, and if there are disputes. Some cases resolve in months, while some can take years. Discussing your case with an attorney can help you understand how long your case may take.

If You’ve Lost a Loved One in a Car Accident, You Need a Gastonia Fatal Car Accident Lawyer

At DAS Law Group, P.A., our fatal car accident lawyers can provide comprehensive legal counsel on all aspects of your case and ensure you and your loved ones receive the compensation you deserve after an emotionally and financially debilitating loss. Contact us today so we can help your family move forward.