Charlotte Wrongful Death Lawyer

Charlotte Wrongful Death Attorney

If you have lost a loved one to a personal injury accident in Charlotte, North Carolina, then you are likely having feelings of devastation and shock. Losing a loved one suddenly is never easy, especially when the situation was unnecessarily caused by another party’s recklessness or neglect. A compassionate Charlotte wrongful death lawyer from Bridgman Gantt Law Offices can assist you with getting the compensation you are entitled to in order to cover critical expenses.

Our wrongful death legal team at Bridgman Gantt Law Offices has been serving the people of Charlotte and the surrounding areas in North Carolina for over 30 years. We employ a client-centered approach, in which we offer space to express your grief and deeply understand your case and your profound losses. Through a deep understanding of your case, a wrongful death lawyer can optimize a legal strategy to ensure that you recover key economic and non-economic losses.

What Is a Charlotte, North Carolina Wrongful Death Case?

Wrongful death cases are a type of personal injury case that occurs when an individual loses their life due to the recklessness or neglect of another party. The victim of a personal injury accident may die immediately because of the accident, but a wrongful death case can also be brought if the affected person dies at a later date as a result of their injuries.

In North Carolina, wrongful death is defined as a death that results from a “wrongful act, neglect, or default of another” party. Theoretically, if the victim had survived the personal injury accident, they would have been able to file a personal injury lawsuit themselves. However, because they are deceased and not able to represent themselves, another person must file a lawsuit on their behalf.

Events that can qualify as being the foundation of a wrongful death case include those such as medical malpractice, an intentional action (i.e., a violent crime), or an act caused by negligence. In a wrongful death case, as in a personal injury case, the liability that the at-fault party has is defined in a particular amount of money, which equates to the damages suffered by the victim. If the victim wins the wrongful death case, the at-fault party is ordered by the court to pay the amount.

Proving Liability in a Charlotte Wrongful Death Case

Wrongful death cases are civil cases, which means proving liability is not as difficult as proving guilt in a criminal case. In contrast with criminal cases, the at-fault party in a personal injury lawsuit does not have to be guilty of causing the accident that led to the victim’s death “beyond a reasonable doubt.” Instead, the liability of the case defendant must be proven “by a preponderance of the evidence.”

Proving liability in a wrongful death case commonly includes thoroughly collecting relevant evidence, such as medical documents, police reports, videos, photos, and eyewitnesses. The specific type of evidence that is required to prove liability varies on a case-by-case basis. A dedicated Charlotte wrongful death attorney from Bridgman Gantt Law Offices can help you collect and present the required evidence to prove liability in your wrongful death case.

What Damages Can I Receive Compensation for in A Charlotte Wrongful Death Case?

Losing a loved one in a wrongful death situation is devastating, and the legal team at Bridgman Gantt Law Offices acknowledges that no amount of money can ever replace your loved one. Even if you win a large settlement, you have already lost because your loved one is no longer with you.

However, our legal team highly encourages a wrongful death lawsuit to be filed on behalf of the deceased so that a fair and just settlement can be awarded. This will ensure that the loved ones of the deceased do not suffer a financial burden and that the liable party is properly held accountable for their actions. Such a settlement can include compensation for the following:

• Expenses related to the burial, cremation, or other interment expenses
• Money spent on ceremonies to celebrate the life of the deceased.
• Medical and hospital bills that were associated with the treatment of any injuries after the accident and before their death
• Income that is lost due to the death of the loved one.
• Assistance lost due to the absence of the victim, such as driving, cleaning, and cooking.
• Non-economic damages, such as pain and suffering and loss of companionship.

In certain cases that involve “malice or willful or wanton conduct”, there may also be punitive charges incorporated into the settlement. These punitive damages are not paid out to the plaintiff to help support them. Instead, they are specifically ordered by the state to punish the defendant for their behavior and discourage similar events from occurring in the future.

If you are unsure about the damages you are entitled to after the death of a loved one, a knowledgeable Charlotte wrongful death attorney from Bridgman Gantt Law Offices can analyze the details of your case and give you an estimate of the economic and non-economic damages you are entitled to. They can also help you build and execute a strategy to pursue such damages.

Who Files a Charlotte, NC Wrongful Death Case?

In most states, a family member is allowed to file a wrongful death case on their loved one’s behalf. However, this is not the case in Charlotte and in North Carolina. In North Carolina, the only person who is eligible to file a wrongful death suit on the deceased victim’s behalf is the executor of their estate, which is also known as the personal representative.

The personal representative is typically named in the will of the deceased. In the case that the executor of the deceased’s estate does not want to file the lawsuit or is not able to, or if there was no executor of the will, it is possible for the North Carolina court to select another individual to do so. Typically, NC courts will appoint a family member, such as a surviving spouse or child, to serve in this position.

Understanding who qualifies to file a wrongful death case in North Carolina can be complex and difficult. The characteristics of each case, including the nature of the estate plan and the surviving family members involved, can impact who will be appointed to serve. An experienced personal injury lawyer from our North Carolina-based law firm can help you understand who will likely file for your case.

What To Look for in a Charlotte Wrongful Death Lawyer

After losing a loved one to a wrongful death accident, it is critical to find a highly qualified lawyer to represent your case. Unfortunately, this can sometimes be difficult, as there are a multitude of wrongful death lawyers in North Carolina. It can be hard to decide which one to go with for your case. Generally, there are certain key factors that you can look for to help you make a decision, including:

• Decades of Experience. Be sure to work with a law firm that has a long history of handling personal injury law cases in North Carolina, including wrongful death cases.
• A Strong Track Record. It’s critical not only to work with a lawyer who has a lot of experience working with wrongful death cases but also one who has handled similar cases to yours with successful outcomes. Asking for previous case outcomes and testimonials can help you understand the attorney’s standing with similar cases.
• A Listening Ear. Because the aftermath of a wrongful death case is emotionally distressing, it is crucial to work with a compassionate lawyer who listens to and understands not only the details of your case but also your desired case outcomes.
• Active Communication Skills. Working with a personal injury lawyer who actively communicates with stakeholders in the case, including you, the court system, and other key players, can help optimize case outcomes and make the process run more smoothly.
• Detailed Calculation Ability. Your wrongful death lawyer will need to have a deep understanding of settlement evaluation and have keen skills to take into account your economic and non-economic losses to come up with an optimal settlement.
• Fierce Litigation Skills. A personal injury lawyer who has strong litigation skills can represent your case in court by effectively presenting evidence and making key legal arguments that help prove the liability of the defendant and justify the desired settlement amount.
• Formidable Investigation Capabilities. Depending on the case type, a lawyer who is a strong investigator can help unearth key evidence to prove the liability of the at-fault party. Different forms of evidence could include traffic footage and details in a medical report.
• Local Roots. By working with a wrongful death legal team that is rooted in Charlotte and the surrounding area, you can be ensured that there will be greater awareness of how to navigate local legal processes.

When choosing a Charlotte wrongful death lawyer who is ideal for your case, it is important to go with your gut. As you will be working intimately with your attorney during a sensitive time in your life, it is critical to work with someone that you can confide in and feel comfortable around.

The legal team at Bridgman Gantt Law Offices is proud to have been offering compassionate and detail-orientated legal representation for wrongful death cases for over 30 years. We are eager to meet you and see if we can support you during your wrongful death case.

FAQs

Q: Can I Sue for NC Wrongful Death During a Criminal Case?

A: Yes, you can sue a person liable for causing the death of your loved one in North Carolina during the time that criminal proceedings against them are taking place. An action or event that results in wrongful death in North Carolina can result in both a wrongful death claim and criminal charges. If found guilty in a criminal case, the defendant can face penalties such as fines and jail time. In a civil case, they will need to pay damages if found liable.

Q: Can I File for My Dead Spouse’s Wrongful Death in NC?

A: Whether or not you are eligible to file for your deceased spouse’s wrongful death in North Carolina depends on a variety of factors, including the circumstances of your relationship and whether your spouse has an estate with an appointed executor. An experienced personal injury lawyer can help you understand if you are eligible to represent your deceased spouse and can help make your case for appointment to the NC courts.

Q: How Long Do I Have to File a Wrongful Death Case in North Carolina?

A: In North Carolina law, wrongful death cases must generally be filed within two years of the victim’s death. This period is known as the statute of limitations. If a case is filed after the statute of limitations date, you will likely lose your right to pursue damages on behalf of your deceased loved one. Therefore, it is critical to work with a personal injury lawyer to file your case as soon as possible. They can also inform you of other pertinent deadlines.

Q: What Is Pain and Suffering in a North Carolina Wrongful Death Case?

A: Pain and suffering in a wrongful death case is the physical pain and emotional suffering that an accident victim may experience due to fatal injuries prior to their subsequent death. An experienced and knowledgeable lawyer can help translate these non-economic damages into a financial amount, helping personal representatives of the deceased pursue adequate damages on their behalf in a wrongful death case.

Get Strong Representation for Your Deceased Loved One After a Personal Injury Accident

Losing a loved one to a Charlotte personal injury accident is extremely difficult. Therefore, if you have lost someone you love deeply to a sudden accident caused by neglect, recklessness, or intention, the last thing on your mind is how you will navigate legal hurdles to get your rightful compensation.

A dedicated Charlotte wrongful death lawyer from Bridgman Gantt Law Offices is here to take over the logistics and complexity of your case, helping you pursue damages on your loved one’s behalf, thereby giving you the space and time you rightfully need to grieve and adjust. Contact a diligent team member from our law firm as soon as possible to get adequate representation for your wrongful death case.