Losing a loved one in a car accident is one of the most heartbreaking experiences a family can endure. At Shane Smith Law, our Charlotte car accident lawyers are here to guide you through this difficult time with compassion, professionalism, and a focus on results.
Request a free consultation with our fatal car accident lawyer in Charlotte now. We have over 100 years of combined experience.
Why Work with Our Charlotte Fatal Car Accident Lawyer?
Our fatal car accident lawyers in Charlotte understand how crucial it is to get the evidence you need to maximize your claim and ensure your family’s future is protected. Since 2009, Shane Smith Law has recovered over $100 million for clients, combining over 100 years of experience to fight for justice.
We work on a contingency fee basis, so you don’t pay unless we win. With an in-house nurse to address medical aspects and a client communication app for updates, we make the process as smooth as possible. Our Charlotte personal injury lawyer is ready to support you every step of the way.
Fatal car accidents are complex cases, with limited timeframes for you to act and a wide range of financial implications. We encourage you to pursue one-on-one guidance from our team. We know how intense the experience can be and the risks to your future, especially if you depended on your loved one. Do not just settle. Let us guide you instead.
Speak with a Charlotte fatal car accident lawyer, and get a free consultation today.
Call (980) 294-4931Types of Car Crashes Resulting in Fatalities
The North Carolina Department of Transportation shares devastating information about fatal car crashes in the state in its North Carolina 2023 Traffic Crash Facts. In 2023, 1,686 people lost their lives in such accidents, and another 115,009 people suffered injuries. They also found that 23.1% of all fatalities were the direct result or involved speeding by one or more parties.
Our fatal car accident attorney in Charlotte handles all types of accidents resulting in fatalities, including:
- Car versus truck accidents
- Hit-and-run accidents
- T-bone accidents at intersections
- Alcohol-impaired driving accidents
- Rollover crashes
- Head-on collisions
In every situation, we work closely with you to get answers. Our objective is to learn as much as we can about your accident and why it occurred. We can then use that information to build a strong claim against all parties involved. Your loved one may not have a voice, but we can work with you to fight for justice. Review our Charlotte Car Accident Guide today.
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Filing a Wrongful Death Claim After a Fatal Car Accident
North Carolina law requires that only certain parties have the right to pursue wrongful death claims against those who caused their family member’s death. Typically, this action is brought by the personal representative of the decedent’s estate. That means it is not always a family member.
Under N.C. Gen. Stat. § 28A-18-2(a), a personal representative is appointed to govern decisions regarding the person’s losses. This may be an executor who is named in the will, if there is one. In other cases, the court will appoint someone to hold this position. Typically, the court appoints someone close to the individual, starting with a spouse, then a child, then a parent, in that order.
Under the state’s law, then, the family members of the deceased have no right or opportunity to file a wrongful death claim until they are appointed as the executor. However, that does not mean they will not receive compensation. That is determined based on the will and applicable estate laws.
The Complexity of Fatal Car Accidents Can Be Frustrating
These laws related to who can file a claim after a fatal car accident can be confusing and frustrating for family members.
However, our Charlotte fatal car accident lawyer will ensure you understand all legal opportunities available to you to navigate around these limitations and to ensure you are pursuing fair compensation. As an attorney, we will work closely with you to protect your rights.
Wrongful Death Claims are Different from Criminal Matters
Your loved one lost their life because of another driver’s actions. You expect criminal charges, and while they are likely to occur in some cases, they do nothing for you and your family. Criminal lawsuits are only about punishing the at-fault party, but civil wrongful death claims help to hold those parties financially responsible for their actions. You can file a wrongful death claim in many situations:
- You do not have to wait for criminal charges to be applied.
- Criminal charges do not have to be filed at all.
- You can still file a civil claim if a person is charged with a crime but acquitted in court.
That is due to the difference in the standard of proof between criminal cases and civil matters. In a criminal case, the burden of proof is much more restrictive, requiring clear fault. Civil matters are very different, and the outcome of one case does not affect the outcome of others.
We are Here to Help—Every Step of the Way
Fatal car accident claims are more complex than standard personal injury cases, often involving intricate legal, financial, and emotional challenges. Determining liability can be difficult, as multiple parties—such as negligent drivers, employers, or vehicle manufacturers—may share responsibility.
Insurance companies often work aggressively to minimize payouts, leaving families vulnerable to lowball offers during an already painful time. Gathering evidence, such as accident reports, witness statements, and expert testimony, requires swift and thorough action to build a strong case.
Our fatal car accident attorneys in Charlotte understand these challenges and are here to guide you every step of the way. Our experienced team will handle the legal complexities so you can focus on healing and honoring your loved one’s memory.
What Our Charlotte Fatal Car Accident Lawyers Will Do for Your Case
Fatal car accidents are not like other personal injury cases. They often involve complex investigations, multiple insurance companies, and strict legal deadlines. Families also face emotional and financial challenges, from covering funeral costs to dealing with lost income. A Charlotte personal injury lawyer ensures you have someone fighting for your rights. Our firm will:
- Investigate the accident thoroughly to determine liability for your wrongful death claim
- Work with medical experts and accident reconstruction specialists to build a strong case
- Handle all communication with insurance companies to protect you from lowball offers
- Fight for maximum compensation, including wrongful death damages, loss of income, and emotional pain and suffering
Getting justice for your loved one is our priority as your Charlotte fatal car accident attorney. We know there is a great deal at stake, but there is no risk in speaking with us now. We offer free consultations with no obligation to work with us.
An Experienced Charlotte Fatal Car Accident Lawyer Matters
When you choose Shane Smith Law, you’re not just hiring a law firm—you’re gaining a dedicated legal team committed to your family’s well-being. We stand apart because we understand our clients deeply, treat every client like family, and provide support during life’s most difficult moments.
Our proven results, with over $100 million recovered and decades of combined experience, demonstrate our ability to fight for justice and deliver winning outcomes. We also offer medical expertise through our in-house nurse, ensuring we fully understand the extent of injuries and medical needs in your case.
Our user-friendly client portal and direct access to your attorney keep you informed and connected throughout the process. Plus, with no upfront costs, you only pay if we win. We’re here to help you rebuild and move forward.
Compensation Available in a Fatal Car Accident
A fatal car accident can leave families facing crippling financial burdens. While no amount of money can bring back a loved one, a wrongful death claim can help ease the strain by providing compensation for:
- Funeral and burial expenses
- Loss of income and future financial support
- Medical bills related to the accident
- Loss of companionship and emotional support
- Punitive damages (in cases of gross negligence or reckless behavior)
Our Charlotte fatal car accident lawyers will fight to ensure you receive the full compensation you deserve. If you are facing financial losses and are unsure of the future, reach out to our legal team for guidance. There is no risk in working with our Charlotte hit and run accident lawyer.
Understanding Who Receives Financial Support from Fatal Car Accident Lawsuits
Wrongful death settlements go to the estate of the person who lost their life, and the state’s intestate succession statutes apply. Most often, litigation, medical, and funeral costs are paid first. Anything available after this amount is distributed to the heirs.
The personal representative assigned to the process will make those decisions if no will is applicable. Your family’s needs will be clearly understood, including the need to receive financial support to protect your future.
Understanding the Causes of Fatal Car Accidents
Understanding the cause of your loved one’s accident is essential to building a strong case. Fatal car accidents can happen for many reasons, including distracted driving, where texting, phone calls, or other activities divert attention from the road, leading to tragic outcomes.
Our Charlotte drunk driving accident lawyer will tell you that drunk driving is another common cause, with drivers under the influence of alcohol or drugs posing serious risks to others. Speeding also plays a significant role, as excessive speed reduces reaction time and increases crash severity. Reckless driving, such as tailgating or running red lights, can lead to devastating consequences.
Poorly maintained roads or inadequate signage can also create dangerous conditions. Our team will thoroughly investigate every aspect of the accident to determine liability and hold the responsible parties accountable.
You may not have all of the information you deserve about what caused the accident or who is responsible. Our Charlotte fatal car accident attorney will work with you to gather those critical details.
What to Do If Your Loved One’s Fatal Car Accident Happened at Work
Our Charlotte fatal car accident lawyer will provide you with guidance on the legal steps to take if your loved one dies in a fatal car accident while working. In most situations, this will be a fatal workplace accident, and that may mean that workers’ compensation laws apply to the claim made by the estate.
However, there are some situations in which third parties are at fault, such as when another person causes the death of your loved one at work. Our Charlotte wrongful death lawyer will help you navigate your rights in these situations.
Time Limits on Fatal Car Accident Claims
Victims have no way of communicating to you what happened before the accident, and yet, a comprehensive investigation is often necessary. However, for victim families, it is important to understand the time limits you face when taking legal action. N.C. Gen. Stat. § 1-53(4) specifically outlines the statute of limitations for wrongful death claims in the state.
In most situations, you must file a claim against those at fault within two years of the date of the death. If you delay in doing so and miss this timeframe, the court will not hear your case. There is no way for you to recover damages.
However, numerous other factors must be met within this time limit under the state’s laws. That includes estate administration, the appointment of a personal representative, and the application of court rules for civil actions. For all these reasons, and the complex procedures that accompany them, let our legal team guide and support you throughout this process.
Contact a Charlotte Fatal Car Accident Lawyer Today
If you’ve lost a loved one in a car accident, securing legal help as soon as possible is essential. Time is critical for gathering evidence, speaking with witnesses, and meeting strict legal deadlines to file a wrongful death claim.
At Shane Smith Law, we understand the emotional and financial toll this tragedy can take on your family, and we’re ready to fight for the justice and compensation you deserve. With no upfront costs and a free consultation, you can trust us to stand by your side every step of the way. Contact our fatal car accident lawyer in Charlotte today to get started.
