Losing a loved one is always a devastating experience. But when that loss is caused by the negligence or wrongful actions of another, the pain can be especially profound. In such situations, a wrongful death lawsuit can provide a measure of justice and financial stability for the surviving family members. While nothing can undo a wrongful death, a successful claim offers a path toward dignity and financial security during an otherwise tragic time.
If you’ve lost a loved one due to someone else’s negligence, our Concord personal injury lawyers can help you stand up for accountability. Contact us today for a free consultation with a wrongful death lawyer in Concord, NC, and get the help you need at no upfront cost.
The Role of a Wrongful Death Lawyer in Concord, NC
Don’t make the mistake of attempting to pursue a wrongful death claim yourself. You need a lawyer to maximize your chance of success—here’s why.
Understanding Wrongful Death Laws: What It Is and How It Occurs
Under North Carolina law, a death is wrongful if it is caused “by a wrongful act, neglect or default of another.” The statute goes on to say that, if the injured party would have had grounds for a lawsuit had they lived, their personal representative can bring suit instead. In other words, if your loved one passed away and would not have had someone else behaved differently, your family could be entitled to pursue a wrongful death claim against that party.
The Importance of Legal Assistance in Wrongful Death Cases
A wrongful death lawyer represents families who have lost loved ones due to the negligence or wrongful conduct of others. These attorneys understand the complexities of wrongful death law and can guide you through the legal process during this difficult time by:
- Investigating the circumstances of your loved one’s death – A thorough investigation is crucial to determine the cause of death and gather evidence to support your claim. This may involve reviewing medical records and police reports and interviewing witnesses.
- Identifying liable parties – Determining who is responsible for your loved one’s death can be complex. Your lawyer will seek to identify everyone who might be liable for what happened, which could include individuals, businesses, or even government entities.
- Calculating damages – Wrongful death claims can involve various damages, covering medical expenses, funeral costs, lost income, and loss of companionship. Your lawyer will assess the full extent of your losses in order to pursue maximum compensation.
- Negotiating with insurance companies – The insurance companies responsible for paying wrongful death claims often try to minimize payouts. Your lawyer will handle all communications and negotiations with insurance adjusters to seek a fair settlement.
- Filing a lawsuit and representing you in court – If the insurance company won’t make you a fair offer, your lawyer will file a wrongful death lawsuit and represent your interests.
Common Causes of Wrongful Death in Concord, NC
Wrongful death can result from various incidents. Some common causes in Concord include:
- Auto Accidents – Traffic accidents are one of the leading causes of accidental death nationally and are often caused by negligent or wrongful behavior behind the wheel. Examples include truck accidents, car crashes, speeding, distracted driving, and drunk driving.
- Workplace Incidents – Occupational injuries can also lead to wrongful death. Construction accidents, falls, and exposure to hazardous materials are some workplace incidents in Concord that can result in fatalities.
- Defective Products – Manufacturers have a duty to ensure their products are safe to use as intended. When design, manufacturing, or instruction defects lead to fatal injuries, survivors can hold those companies liable.
- Medical Malpractice – Negligence by healthcare providers can have fatal consequences for their patients. Examples include surgical errors, misdiagnoses, and medication errors.
- Premises Liability – Property owners must maintain safe premises for visitors. The property owner may be liable if a death occurs due to hazardous conditions on their property.
Legal Framework for Wrongful Death Claims in North Carolina
In North Carolina, wrongful death claims are governed by specific laws and procedures. Here’s what you need to know.
Proving Negligence
Many wrongful death claims are based on the legal theory of negligence—a legal term for carelessness. Proving negligence involves demonstrating that the defendant owed a duty of care to your loved one, breached that duty, and that the breach directly resulted in the death.
Statute of Limitations
North Carolina has a statute of limitations for wrongful death claims, which means you have a limited time to file a lawsuit. Generally, the deadline is two years from the date of death.
Contributory Negligence
North Carolina follows the doctrine of contributory negligence. This means that if your loved one was partially at fault for the incident, they may be barred from receiving compensation. However, there are exceptions to this rule that an experienced wrongful death lawyer can exploit.
Compensation For a Wrongful Death Claim in Concord, NC
A successful can provide your family with justice and financial security. Here’s what you need to know about the process.
Can Family File a Wrongful Death Claim in Concord, NC?
In North Carolina, only the deceased’s personal representative can file a wrongful death claim. This person is often the executor named in the deceased’s will, although a court can also name a personal representative. However, they bring the claim on behalf of the surviving family.
Financial Recovery: Types of Damages You May Be Entitled To
A wrongful death claim can recover two distinct types of damages
- Economic damages cover financial losses, such as medical expenses, funeral expenses, lost wages, and the “present monetary value” of the deceased.
- Non-economic damages cover non-financial losses and include compensation for pain and suffering experienced by the deceased before death, loss of companionship, support, and guidance
In cases of particularly egregious conduct, the court may award punitive damages to punish the defendant and deter similar behavior.
Contact Our Wrongful Death Lawyers in Concord, NC
If you’ve lost a loved one due to someone else’s negligence in Concord, NC, don’t hesitate to reach out to Ted A. Greve & Associates, P.A. As both a chiropractor and a lawyer, Ted Greve understands both the medical and legal aspects of these complex cases, and he can put his considerable experience and resources to work seeking the money you deserve.
We offer free consultations to discuss your situation and help you understand your rights. Contact us today to schedule a meeting with a wrongful death lawyer in Concord, NC, and take the first step toward justice.
