Losing a loved one is never easy, but finding out that they were killed because of someone else’s negligent actions can make the death even harder to bear. Oftentimes, the death of a loved one has more than just emotional ramifications for surviving family members. If someone you love was killed in a personal injury accident caused by another person or entity’s negligence, you should speak to a Charlotte wrongful death lawyer.
At Shane Smith Law, in business since 2009, our Charlotte personal injury lawyer understands that your family is going through a particularly difficult time. We’re here for you, and we understand that no amount of financial compensation can make up for the loss of your beloved family member.
While moving forward with a wrongful death claim can’t bring your loved one back, it can ensure that you and your family are taken care of financially, just as your loved one would have wanted.
Who Can File a Wrongful Death Claim in North Carolina
In North Carolina, the decedent’s personal representative — generally the executor or administrator of the estate — has the right to file a wrongful death lawsuit.
In some situations, there may not be a will or someone to hold this position. In this case, the family can request from the court that someone be named as such. Only a personal representative for that person can file a wrongful death claim.
If you are unsure how this may apply in your situation, contact our Charlotte wrongful death attorney to inquire about your rights. Many times, we will need to ensure a presentative representative is taking these actions to protect the right to compensation. Let us help you navigate these rules.
For a free legal consultation with a wrongful death lawyer serving Charlotte, call 980-246-2656
Common Types of Wrongful Death Claims
Any time a loved one dies suddenly and unexpectedly, it can feel “wrong.” However, to be considered a “wrongful death,” the death in question must include some degree of negligence on the part of someone else or, as defined in North Carolina Statutes section 28A-18-2, be caused “by a wrongful act, neglect, or default of another.” Examples of common personal injury scenarios in which wrongful deaths can occur include:
- Auto accidents caused by a drunk or otherwise negligent driver
- Truck accidents caused by truckers or trucking companies who violate safety regulations
- Pedestrian accidents caused by distracted, reckless, or drunk drivers
- Slips and falls caused by inadequate maintenance
- Assaults caused by negligent security
If your loved one died as a result of a wrongful death in cases like these, we encourage you to act quickly. The state provides you with just two years from the date of a person’s death to file a lawsuit for wrongful death.
f you wait beyond that timeframe, it may not be possible to recover damages for your lost loved one, and a Charlotte car accident lawyer can be of assistance.
Charlotte Wrongful Death Lawyer Near Me 980-246-2656
How Compensation Is Determined in a Wrongful Death Claim in North Carolina
The value of a wrongful death claim is dependent on numerous factors, including how well your attorney can prove the losses incurred. In short, we need to show what damages your family member or you, as the personal representative, suffered as a result of the death. Some types of damages commonly awarded in these cases include:
- Medical bills for the individual prior to death
- Funeral and burial costs
- Money that the person would have earned during their lifetime
- Pain and suffering of the individual
- Loss of love and support for family
Throughout this process, our wrongful death lawyer in Charlotte will analyze all aspects of the financial loss you are suffering, as well as the losses suffered by the victim prior to their death. We do not limit you based on documentation.
Let Shane Smith Law build a strong claim for any impact this incident is having on you.
Punitive Damages in a Wrongful Death Claim in North Carolina
For families, any type of wrongful death can be disastrous and reckless, but under the law, proving that the case was particularly egregious could help you recover punitive damages, a rarely awarded type of compensation that could further increase the damages you recover.
Punitive damages are a type of punishment the court may levy on those who engage in particularly heinous crimes or actions that put other people at high risk, such as driving under the influence or intentional acts that lead to death.
In North Carolina, punitive damages are capped at three times the compensation received for other damages or at a maximum of $250,000, with some exceptions applicable.
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What to Expect from the Wrongful Death Process in North Carolina
A wrongful death claim is not as simple as it may sound. Your first step will be to document the death of a loved one and identify the at-fault party. From there, your attorney will help you navigate a number of other steps, including:
- Talk to your attorney to gain insight into the rights you have
- Gather evidence to support your claim of wrongful death
- Identify all responsible parties in the incident
- Calculate insight into the value of the claim you should file
- Petition the court for a wrongful death case
- File a lawsuit to hold those at fault accountable for the losses they created
You may be able to get a settlement in your case, which would end the legal process. Other times, it is beneficial for clients to go to trial. Our wrongful death attorney in Charlotte can help you decide which route is best for your needs. Read our testimonials to see how we have helped people just like you.
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Our Charlotte Wrongful Death Lawyers Can Help You Seek Justice & Compensation
If you lost a loved one because of someone else’s negligence, you may be entitled to compensation, but you must act quickly. North Carolina only gives wrongful death claimants three years from the date of their loved one’s death to take legal action.
Call Shane Smith Law today to schedule a free consultation with our Charlotte wrongful death lawyer.
Call or text 980-246-2656 or complete a Free Case Evaluation form
