Wrongful Death Lawyer Charlotte, NC
If you lost your family member because of someone else’s negligence, you should speak with a Charlotte, NC wrongful death lawyer. Your family may be entitled to compensation. Ted A Greve & Associates can help you pursue a timely claim against the negligent parties.
Table Of Contents
- What You Shouldn’t Believe About Wrongful Death Cases
- What You Shouldn’t Believe About Wrongful Death Cases Infographic
- Wrongful Death Lawsuit Basics
- Wrongful Death Lawsuit
- Charlotte Wrongful Death Statistics
- Wrongful Death Lawyer FAQs
What You Shouldn’t Believe About Wrongful Death Cases
Nothing can ever make up for the death of a loved one, but filing a wrongful death claim can help you recoup some of the financial losses that resulted from the death, such as funeral and burial costs and lost future wages. These losses can definitely cause you and your family a financial burden. However, some people shy away from filing these claims because they have misunderstandings about wrongful death claims. Here are some common misconceptions about wrongful death cases that you should not believe.
- You can file a wrongful death claim whenever you want. Losing someone you care about is certainly difficult, and you need time to grieve that death. However, if you plan to pursue compensation for your loved one’s wrongful death, understand that you have limited time. In North Carolina, the statute of limitations to file a wrongful death claim is two years after a person’s death. To avoid losing your right to compensation, you should discuss your case with an lawyer promptly.
- If the death was an accident, you can’t file a wrongful death claim. This is one of the most common misunderstandings people have about wrongful death cases. As a Charlotte wrongful death lawyer can confirm, intent is not actually a factor considered in wrongful death claims. Even if the at-fault party did not mean to kill your family member, he or she could still be held liable. For example, if your loved one was killed in a car accident caused by a driver who ran a red light, you can still file a wrongful death claim.
- If the deceased had life insurance, filing a wrongful death claim is not necessary. Many people take out life insurance policies to prepare for the unexpected. If your loved one had a life insurance policy, you may assume that it is not necessary to pursue a wrongful death claim. However, life insurance might not cover all of the losses that resulted from the death. That’s why it is wise to still pursue a wrongful death claim.
- It is too expensive to file a wrongful death claim. Unfortunately, some people are reluctant to pursue a wrongful death claim because they do not think they can afford the legal fees. However, it is important to understand that most lawyers work on a contingency fee. This means that your lawyer will take a fee out of your settlement at the end of your case. If you happen to lose your case, you will not owe your lawyer any money.
If you need assistance with a wrongful death case, you should schedule a consultation with a Charlotte wrongful death lawyer as soon as possible.
If you have lost a loved one due to the negligence of another, you may be able to file a wrongful death claim. Wrongful death claims are often complicated, as they involve multiple parties and cases. If you do not have the time or resources to handle this matter on your own, consider Ted A Greve & Associates.
WHAT YOU SHOULDN’T BELIEVE ABOUT WRONGFUL DEATH CASES INFOGRAPHIC
Wrongful Death Lawsuit Basics
A wrongful death lawsuit is filed with the help of a Charlotte, NC wrongful death lawyer against the person or company responsible for causing your loved one’s death. If that person or company is found guilty, they could be forced to pay damages and punitive damages as well as cover your legal costs.
The amount of damages awarded depends on how much money you need to cover your expenses, such as funeral costs, medical bills, and lost wages. In many states, there are also caps on what can be awarded depending on how long you’ve been married or how much money your spouse made before their death.
In North Carolina, there are two types of wrongful death claims: survival actions and survival actions with pre-death injuries.
What Is Wrongful Death?
Wrongful death is defined as a person’s death caused by someone else’s intentional or unintentional actions. It can include acts such as murder, assault and battery, sexual assault and battery, vehicular manslaughter, and drunk driving accidents. If someone dies because of these actions or in an accident that was caused by another person’s negligence, then the victim’s survivors may be able to file a wrongful death lawsuit against those responsible for their loss.
Who Can File a Wrongful Death Lawsuit?
When someone dies due to another person’s actions or negligence, their family members may be able to file a wrongful death lawsuit against those responsible for their loss with the help of a Charlotte wrongful death lawyer. The types of relatives who can file a wrongful death lawsuit include parents, spouses and children. Some states allow other relatives to file such cases as well, including siblings and grandparents.
The statute of limitations for filing a wrongful death claim is dependent on where you live and the circumstances of your case. In North Carolina, for example, there is no statute of limitations for filing a wrongful death claim if someone dies as a result of medical malpractice or defective products.
If the cause of death was negligence by another person or company, however, then the statute of limitations is two years from the date of injury or one year from when you knew or should have known about it.
Why Hire a Lawyer
Injured parties often turn to an experienced lawyer for help filing a claim against the responsible party or parties. It may be difficult for you to navigate the legal process on your own, especially if your grief and pain are still fresh. If so, then it would be wise for you to enlist the services of an lawyer who has experience with these types of cases. A Charlotte wrongful death lawyer will be able to guide you through the process and make sure that your rights are protected throughout the case. Contact Ted A Greve & Associates to schedule your consultation.
Wrongful Death Lawsuit
Each Charlotte, NC wrongful death lawyer from Ted A Greve & Associates is dedicated to fighting for families who have lost their loved one due to the negligence or recklessness of another party. North Carolina law allows civil action against the at-fault party for families to recover financial compensation for both the emotional losses and the financial losses their loved one’s death has caused.
Right to File
Every state sets its own rules regarding who can file a wrongful death lawsuit. Under North Carolina law, only a personal representative of the victim may file. Typically, the personal representative is the executor that was named to oversee the victim’s estate. If the victim did not have an estate plan in place, then the family may petition the court to request that a personal representative be named who can pursue the lawsuit.
Statute of Limitations
North Carolina has also set a statute of limitations for how long the personal representative has to file the lawsuit. In most cases, it is two years from the date of the victim’s death. There are some exceptions to that rule and a Charlotte wrongful death lawyer can determine what the time frame is in your particular circumstances.
Types of Damages
In a wrongful death lawsuit, the parties may pursue pecuniary damages for the victim’s death. These are typically broken down into two types. Economic damages are those that have a calculated dollar amount to them. Non-economic are those losses that have a subjective value.
The types of losses that fall under economic damages include:
- Funeral and burial expenses
- Medical expenses for life-saving efforts of the victim
- Loss of income the victim would have provided in the future
- Loss of benefits (i.e. health insurance) the victim would have provided in the future
- Value of the services the victim contributed to the family (i.e., childcare, household duties, etc.)
- Loss of inheritance
The types of losses that fall under non-economic damages include:
- Pain and suffering
- Emotional distress
- Loss of companionship
- Loss of guidance
- Loss of love
If the actions of the at-fault party were especially egregious, there may also be punitive damages awarded in the lawsuit. Punitive damages are separate from pecuniary damages as they are directed to the party that caused the accident as a way to punish them for their bad behavior. These damages are also meant to send a message to society that this type of behavior will not be tolerated. An example of cases where punitive damages are often awarded is fatal drunk driving accidents.
As a Charlotte wrongful death lawyer can explain, punitive damages are capped at either three times the amount of pecuniary damages or $250,000, whichever is less. Contact an attorney today at Ted A Greve & Associates.
Charlotte Wrongful Death Statistics
According to the National Center for Health Statistics, in the United States, there are an estimated 2.4 million wrongful death cases filed each year. This statistic shows the high number of wrongful death cases that occur each year. It is important to note that not all wrongful death cases are successful, but even if a case is not successful, it can still be an important way to hold those responsible for wrongful deaths accountable.
Wrongful Death Lawyer FAQs
How Can a Wrongful Death Lawyer Help Me?
A Charlotte, NC wrongful death lawyer will actively fight for you and your deceased loved one’s basic rights. Facing the wrongful death of a family member or loved on is in itself a major traumatic event that will require a long journey of emotional recovery. That said, you and your family deserve that proper time and space to process, grieve, and heal. Hiring a third party, such as a dedicated lawyer, grants you the ability to channel whatever emotions your feelings need to channel. A lawyer removes the financial and legal paperwork. We shouldn’t have to feel so overwhelmed with responsibilities while we are grieving major losses in our lives. Let an experienced lawyer help you.
How Do You Prove a Wrongful Death Claim?
First off, you do not need to try to prove the at-fault party had any intention of murdering your loved one. Rather, the base of the proof is mostly based on the other party’s negligence and establishing that this death could have been avoided entirely. There are four main elements to proving wrongful death: duty of care owed, duty of care breached or violated, the accident or injury caused, and the damages incurred. Overall, the goal is to show that the alleged defendant had mismanaged their own responsibilities that directly related to the cause of death of your loved one. Your Charlotte wrongful death lawyer will work closely with you in each of these areas to ensure you have a strong, well-built case.
What Compensation Can I Get for Wrongful Death?
The overall goal with a wrongful death case is to earn compensation for a survivor’s past and future losses – whether it’s financial, emotional, or mental. There are always economic and non-economic damages to a wrongful death case. Punitive damages can also be rewarded if the at-fault party participated in a particular reckless manner that caused the victim’s death. A successful case of a wrongful death can earn compensation for funeral and burial expenses, mental agony, medical expenses, property repairs, pain and suffering for the deceased person’s family or loved ones, and much more. Working with a Charlotte wrongful lawyer is a promising pathway to receive as much compensation as you deserve.
What Are Common Forms of Wrongful Death Cases?
There are unfortunately countless ways wrongful death can occur, but naturally there are some more common cases or situations where someone files a wrongful death claim. Some of these cases are:
- Abuse and neglect
- Car accidents
- Construction accidents
- Defective products
- Fatal workplace accidents
- Medical malpractice
- Motorcycle accidents
- Truck accidents
What is Survival Action?
If you are speaking with a Charlotte wrongful death lawyer about your case, they may use or mention the term survival action as a means of approach. Survival action is another form of legal action you can take if a loved one has passed away Survival action specifically seeks out compensation for the pain and suffering on behalf of the deceased person. More specifically it seeks compensation for the pain and suffering that the deceased person faced from the date of the accident up until the date of their death.
Working with a dedicated wrongful death lawyer, such as Ted A Greve & Associates, helps you look at all of your options before you officially move forward with any legal proceeding. It is your right to fully grieve and mourn someone you love who has passed away. We want to create that emotional space for you, and take the daunting legal and financial duties off of your hands.