The death of a loved one is always a painful experience. When this death comes at the hands of another person, the pain can increase significantly. Unfortunately, this happens all too often in Charlotte. Regardless of whether your loved one was killed in a motor vehicle accident, on the job, or at the hands of a medical professional, a Charlotte wrongful death lawyer with Ted A. Greve & Associates is here to help you obtain the compensation you deserve.
If you have lost a loved one due to the negligence of a medical professional, our Charlotte medical malpractice lawyers are here to help you find justice. When we go in for medical treatment, it is with the expectation that the professionals will do their job appropriately. When that doesn’t happen, you need to speak with an expert. Call our offices today at (844)387-8677 to speak with our attorneys about your case. It doesn’t matter how your loved one was killed, we will fight for you.
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UNC Children’s Hospital Investigation
A recent investigation by the New York Times has revealed an alarming situation in the pediatric heart surgery program at the UNC Children’s Hospital in Chapel Hill, NC from 2013-2017, prompting an investigation by North Carolina’s Secretary of Health. Through their investigation, based on secret recordings of cardiologist staff meetings, the Times found that the cardiologist who diagnosed heart conditions were concerned about referring patients to the internal team of surgeons due to the number of unfavorable outcomes that were occurring. Additionally, many of them expressed hesitation, or even outright refusal, about whether they would allow their own children to have surgeries at the hospital where they worked.
While the data from this time period does not include risk adjustments, which provide a more accurate measure of performance, the numbers are still alarming, with the program consistently having a mortality rate above the national average, at times nearly double. Unfortunately, patients were not informed of these issues at the hospital, and the hospital does not self report their mortality data to the Society of Thoracic Surgeons like most other institutions. If either of these had been done, patients could have sought surgical procedures elsewhere. Instead, they needlessly put children at risk in order to uphold the reputation and profitability of the hospital.
If your child underwent a surgical heart procedure at UNC Children’s Hospital Chapel Hill and suffered complications or even death, contact a Charlotte wrongful death lawyer at Ted A. Greve & Associates today. As a doctor and lawyer, learning that children’s lives were unnecessarily put at risk is deeply disturbing and demands justice to be pursued. Call our offices today for a risk-free consultation with an experienced attorney who will fight to hold those responsible to account.
Wrongful Deaths in Charlotte, NC
Being North Carolina’s largest city and the 17th largest city in the United States, Charlotte is a lively setting for big businesses and active transportation. But behind the vibrant cityscape lie many stories of personal anguish from wrongful death cases.
Wrongful death is one that results from someone else’s negligence like a negligent driver or a manufacturer’s defective product, for example. There are many incidents that can lead to a wrongful death that is unfortunately all too common in Charlotte.
According to City-data.com, there were 59 fatalities from car crashes in the city in 2011 alone. Meanwhile, North Carolina’s Highway Safety Research Center reports that 12 people also obtained fatal injuries from truck-related accidents in the city in the same year. A Charlotte car accident lawyer can help you in any case involving a vehicle on a roadway in North Carolina, regardless of whether it resulted in death or not.
In 2011, a total of 148 fatal occupational injuries occurred in North Carolina, according to the Bureau of Labor Statistics. This doesn’t include any injuries that did not result in death. These cases often require the assistance of a workers’ compensation lawyer in Charlotte if the initial claim is denied.
The New England Journal of Medicine states that 4,000 patients in North Carolina hospitals die every year due to preventable medical mistakes. Charlotte medical malpractice lawyers are ready to help any family that suffers at the hands of a medical professional
Other causes include slip and fall accidents, medication errors, and defective products. If your loved one’s death was caused by any of these events, a Charlotte wrongful death lawyer may be able to obtain financial compensation.
What Compensation Can I Claim For My Wrongful Death Claim?
Under North Carolina statutes, you can file and benefit from a wrongful death claim if you would have been considered an heir of the victim. Family members such as the spouse, children, or even parents of the deceased are usually qualified to make this claim. There are two types of compensation you can receive: economic and non-economic.
This covers all related financial losses, including:
- Funeral expenses
- Medical expenses leading up to the victim’s death
- The expected loss of income and material benefits from the victim
This refers to monetary payment for intangible losses, such as:
- Sorrow and mental anguish
- Loss of companionship
- Loss of training and guidance
Note that you may not be the only beneficiary who has the right to be compensated. When there are multiple beneficiaries, the division of the damage award can get complicated.
It would be best to have a highly skilled attorney to represent you throughout the legal complexities. A good wrongful death attorney can determine the maximum compensation you are entitled to, and fight for it on your behalf.
Wrongful Death Claims
If someone loses their life due to the negligence of another party, then the personal representative of that person may be able to seek compensation through a wrongful death claim.
Who Is The Personal Representative?
A personal representative is the only person who can file a wrongful death lawsuit when someone has passed away in North Carolina. This is usually the executor or administrator of the victim’s will, though if the victim did not leave a will behind, then a personal representative will be appointed by the court. This is usually a close family member or personal friend. For minors, the parent is usually the personal representative.
The personal representative, as defined by North Carolina law, is the person who distributes any award that is granted with a wrongful death claim. The representative must fairly allocate the award to claimants for the funeral, burial, and medical expenses of the victim. Wrongful death claims occur in auto accidents, product liability claims, industrial accidents, railroad, accidents, medical malpractice cases, and more.
How Can a Lawyer Prove a Wrongful Death Case?
The first step in proving a wrongful death case is to establish liability, demonstrating that the at-fault party was negligent. You do this by proving that he or she had a responsibility to act responsibly to prevent injuries, that he or she failed to act responsibly in that capacity, and the irresponsible action or lack thereof is the cause of the death of the victim.
The statute of limitations on wrongful death claims in North Carolina is two years. If you do not file a lawsuit for wrongful death within two years of the date of death, then you will lose your right to do so and will not be able to seek compensation in the future.
What Types of Damages are Available in Wrongful Death Cases?
There are many different types of damages that you can seek when you file a wrongful death lawsuit. The personal representative who files the claim and seek damages for lost income lost service and affection to the descendants, expenses for medical treatment and funeral costs, mental anguish, loss of support, and loss of consortium.
While intangible damages like loss of support and consortium can be difficult to quantify, the court will attempt to establish an amount that is fair and just based on the evidence presented and the length and depth of the relationships affected.
When you recover damages in a wrongful death case in North Carolina, those damages will first be used to cover financial obligations like attorney’s fees, burial expenses, and medical costs. Next, the surviving spouse and children of the victim will receive payments. If there is no surviving spouse or child, then the parents and siblings of the victim receive the payments. If there is a surviving spouse, but there are no children, then the award will be split between the surviving spouse and the parents of the victim. The personal representative will distribute these damages.
Consult With An Experienced Attorney
A good injury attorney does not only fight on your behalf and get you the compensation you truly deserve but also empathizes and helps you throughout the entire process. This is one of the advantages you’ll find with Ted A. Greve & Associates, P.A. The firm’s lawyers are backed by their decades of knowledge and experiences but are also known for their compassion and commitment to their clients.
Call us at (844)387-8677 today and speak with an expert Charlotte wrongful death lawyer about your loved one’s wrongful death. We will fight to get you the compensation you deserve for the loss of your loved one.