What Constitutes Wrongful Death in North Carolina?

A wrongful death occurs when negligence or illegal misconduct results in a fatal injury. The family of the victim is left wondering what they can do to ensure the at-fault party is held appropriately accountable and how they can recover compensation to assist in their adjustment to their new circumstances. Charlotte wrongful death attorneys are invaluable assets in these situations, helping their clients navigate these difficult cases with confidence.

Understanding Wrongful Death Claims

It’s reasonable to consider a wrongful death claim as a personal injury suit for a fatal injury. However, there are some important differences between these two types of civil cases. While both share some procedural aspects, a wrongful death suit focuses on the damages suffered by the family of the victim, while a personal injury claim aims for compensation for the victim. Both require proving liability and the extent of damages resulting from the defendant’s actions.

In North Carolina, only certain parties may bring wrongful death claims. If a decedent named a personal representative in their estate plan, this individual is typically first to have the right to file a wrongful death suit on behalf of the victim’s beneficiaries. If they did not have an estate plan, their surviving spouse and children would be first to have the right to file a claim, followed by surviving parents and siblings.

Success with any wrongful death claim will require proof that a defendant was negligent in a way that directly caused the death. Alternatively, a wrongful death suit may require proving that the defendant broke the law and, in doing so, caused a fatal injury to the victim. In either situation, the party bringing the claim must prove the defendant’s actions directly caused the death and that it did not occur from any other cause.

Recovering Compensation for a Wrongful Death

The objective of a wrongful death suit is to hold a defendant accountable for causing the death and the damages suffered by their surviving loved ones. Similar to a personal injury claim, a wrongful death suit can yield compensation for economic and non-economic damages. Economic damages include the direct financial losses related to the death, while non-economic damages include the family’s pain and suffering.

It is also possible for the defendant to face punitive damages if they caused the death through any type of illegal misconduct. Charlotte wrongful death attorneys help their clients accurately assess all the various damages they can include in their cases and work diligently to ensure maximum recovery. Money cannot replace a lost family member, but holding a defendant accountable for causing a wrongful death can offer peace of mind to the surviving family.

Ayers, Whitlow & Dressler aims to help every client we represent maximize their case award. The proceeds from your successful wrongful death suit can make it easier for your family to adjust to difficult new circumstances. A team of experienced Charlotte wrongful death attorneys is an invaluable asset for maximizing your chances of success with your claim.

FAQs

Q: How Do You Win a Wrongful Death Case?

A: In order to win a wrongful death case, Charlotte wrongful death attorneys can help their clients gather the evidence needed to establish liability for the wrongful death. Similar to a personal injury claim, a wrongful death suit requires identification of the party or party responsible for causing the death and proof of exactly how they caused it. It’s possible for a wrongful death to result from negligence or illegal misconduct.

Q: Will a Defendant Go to Prison for Causing a Wrongful Death?

A: It is possible for a defendant to go to prison for causing a wrongful death when the death results from negligence. The defendant faces liability for the damages suffered by the victim’s family. Criminal charges could be leveled if they were egregiously or criminally negligent or if they caused a fatal injury through an intentional and/or illegal act. Drunk driving and assault are examples of how a defendant can face prosecution alongside a civil suit from the victim’s family.

Q: How Much Is a Wrongful Death Claim Worth in Charlotte?

A: Many factors determine the total potential value of a wrongful death suit. The plaintiff bringing the claim has the right to seek compensation for economic and non-economic damages suffered by the victim’s family as well as losses incurred by the estate of the deceased. Charlotte wrongful death attorneys can help clients accurately calculate the full extent of claimable losses they can include in these claims.

Q: How Long Do You Have to File a Wrongful Death Claim?

A: In order to file a wrongful death claim in the state, you must meet the two-year statute of limitations. This time limit begins on the date of the death and lasts for two years. If the family cannot determine the cause of death right away, the statute of limitations may begin on the date of their discovery of the death. It is advisable for the claimant to file their case as quickly as possible to ensure they meet this deadline.

Q: Why Do I Need an Attorney to File a Wrongful Death Claim?

A: You need an attorney to file a wrongful death claim in order to maximize your case award. Charlotte wrongful death attorneys offer several advantages — such suits are inherently emotionally challenging, and the average person may not be aware of all the damages they can claim. Working with legal counsel means your family can approach the case with peace of mind. A claimant is more likely to succeed and maximize their compensation with representation.

The attorneys at Ayers, Whitlow & Dressler can provide the legal counsel you need for your impending wrongful death suit. Charlotte wrongful death attorneys help their clients build cohesive claims and streamline their proceedings, reducing the time it takes to hold a defendant accountable and to recover compensation for a grieving family. Contact us today and schedule your free consultation with our team to learn more about the legal services we provide.