If you’ve lost a loved one due to another’s negligence in Gastonia, NC, you may be eligible for compensation through a wrongful death claim. At Ted A. Greve & Associates, we support families during this difficult time and provide expert legal guidance to hold responsible parties accountable. Contact our wrongful death attorney in Gastonia, NC, today for a free consultation to discuss your case.
Understanding Wrongful Death in Gastonia, NC: A Comprehensive Guide
When someone dies due to another person’s negligence, recklessness, or intentional actions, the surviving members of the victim’s family may file a wrongful death suit. In Gastonia, wrongful death claims often arise from various incidents, including:
- Motor Vehicle Accidents: Motor vehicle crashes remain a leading cause of wrongful deaths in Gastonia and across North Carolina. In 2011 alone, there were seven fatalities from car accidents in Gastonia.
- Medical Malpractice: Cases where healthcare professionals fail to provide appropriate care, resulting in fatal outcomes.
- Workplace Accidents: Unsafe work conditions or employer negligence can lead to tragic fatalities.
- Product Liability: Defective or dangerous products can cause fatal injuries to unsuspecting consumers.
Wrongful death claims are complex and require a deep understanding of North Carolina law. Under state law, these claims must be filed by the personal representative of the deceased’s estate. But because this is an intricate process, you’ll need the help of an experienced attorney to guide you through it.
Filing a Wrongful Death Lawsuit in Gastonia, NC
Filing a wrongful death lawsuit involves several critical steps. Understanding these can make the process less overwhelming during such an emotional time:
- Determine Eligibility: In North Carolina, only the personal representative of the deceased’s estate can file the claim. Often, this person is named in the deceased’s will. If not, the court can appoint one.
- File Within the Statute of Limitations: Wrongful death lawsuits in North Carolina must be filed within two years of the date of death. The statute of limitations may be extended in cases involving minors or extenuating circumstances (such as if the next of kin lives out of the country, or cannot be found, or there is some dispute involving the proper next of kin).
- Prove Negligence: To succeed in a wrongful death case, you must establish that the at-fault party’s negligence or intentional act directly caused your loved one’s death. This requires thorough investigation, evidence collection, and often expert testimony.
- Work with an Experienced Attorney: Unless you’re a lawyer, it’s unwise to try to handle a wrongful death case alone. Few lay people know the proverbial ins and outs of the North Carolina legal system. That’s why working with an attorney like a North Carolina wrongful death lawyer from Ted A. Greve & Associates can go a long way in helping you get justice and the compensation you deserve.
Compensation and Damages: What Surviving Family Members Need to Know
The goal of a wrongful death lawsuit is to provide surviving family members with financial relief and hold negligent parties accountable. In North Carolina, wrongful death claims can seek compensation for:
- Funeral and burial expenses
- Medical bills incurred by the deceased prior to their death
- Lost wages
- Loss of companionship, guidance, protection, and advice
- Pain and suffering of the deceased prior to the death
In cases involving what’s known as “willful or wanton conduct,” punitive damages may be awarded to the decedent’s family to punish the wrongdoer for their egregious harm. For example, if a drunk driver causes a fatal accident, the court may award punitive damages to discourage others from driving under the influence.
The average settlement or verdict in wrongful death cases can vary widely based on factors such as the circumstances of the death and the financial losses incurred. For example, if the “main breadwinner” of the family dies, the settlement will often be much greater than if the decedent wasn’t the “main breadwinner.” On the other hand, a child’s death — which is all but universally seen as egregious — will often result in higher settlements for the surviving family.
What Are Some Factors That Can Impact a Wrongful Death Settlement?
Some of the many factors that can impact a wrongful death settlement include:
- Economic Losses: This term refers to the financial loss caused by the death. Income, benefits, potential future earnings, and the value of services they provide (such as childcare or household support) are just a few economic losses a family can recover.
- Non-Economic Losses: Survivors can be compensated for intangible losses, such as emotional pain, loss of companionship (as in the case of a spouse), and loss of guidance (another term for a parent). Non-economic compensation frequently makes up the bulk of wrongful death claims.
- Negligence and Liability: The settlement is usually much higher if there is evidence of extremely reckless or intentional behavior (such as drunk driving or driving under the influence). However, if the deceased was at all at fault for their own death, North Carolina’s contributory negligence law would prevent the plaintiff from obtaining any compensation.
- Availability of Insurance or Assets: As the old saying goes, you can’t get blood from a stone. The settlement may be reduced if the responsible party doesn’t have sufficient insurance or assets. However, that does not mean that a case can’t be filed. In some cases, too, a lien may be placed on any future earnings of the responsible party.
- Court and Jury Perception: If a case goes to trial, the outcome can depend on how compelling the evidence is and how well it resonates with the jury. A particularly noxious defendant can rub the jury wrong, resulting in a higher settlement for the victim’s family.
Wrongful Death Lawyers in Gastonia Seeking Justice for You
At Ted A. Greve & Associates, we understand the profound impact a wrongful death has on surviving family members.
Here’s why families in Gastonia trust us with their wrongful death lawsuits:
- Our depth of experience
- Personalized attention from the lawyers and staff
- No money upfront, and the lawyers work on a contingency fee basis
Don’t wait to seek justice for your loved one. Call Ted A. Greve & Associates today for a free consultation, and let us fight for the justice and compensation your family deserves.
