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May 15, 2024
Clarke Speaks

What Do You Need to Prove in a Wrongful Death Lawsuit in Charlotte, NC?

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Losing a loved one is an incredibly painful and life-altering experience, especially when their death was caused by someone else's negligence or wrongful act. In addition to the emotional trauma, families often face significant financial burdens, such as medical bills, funeral expenses, and the loss of income. If you find yourself in this situation in Charlotte, North Carolina, you may be considering filing a wrongful death lawsuit to seek accountability and compensation for your losses.

While no legal action can ever replace your loved one, a wrongful death lawsuit can provide a sense of justice and help alleviate some of the financial strain caused by your loss. However, the legal process can be complex and emotionally challenging, which is why it's essential to understand what you need to prove and the steps involved in building a strong case.

building a strong case.

The Elements of a Wrongful Death Claim

To succeed in a wrongful death lawsuit in Charlotte, NC, you must prove four key elements: duty of care, breach of duty, causation, and damages.

1. Duty of Care

The first element you must establish is that the defendant (the person or entity you're suing) owed a duty of care to your loved one. This means they had a legal obligation to act in a manner that would not cause harm to others.

The duty of care can arise in various situations, such as:

  • Drivers have a duty to operate their vehicles safely and follow traffic laws.
  • Doctors and medical professionals have a duty to provide competent and appropriate care to their patients.
  • Property owners have a duty to maintain safe premises for visitors and address known hazards.
  • Manufacturers have a duty to produce safe products and warn consumers of potential risks.
  • Employers have a duty to provide a safe working environment and proper training for their employees.

Your NC wrongful death lawyer will help determine the specific duty of care owed by the defendant in your case based on the circumstances surrounding your loved one's death.

2. Breach of Duty

Once you've established that the defendant owed a duty of care to your loved one, you must prove that they breached this duty. A breach of duty occurs when the defendant fails to act with reasonable care or acts in a way that puts others at risk.

Examples of breach of duty include:

  • A driver operating a vehicle while under the influence of alcohol or drugs
  • A doctor failing to properly diagnose or treat a serious medical condition
  • A property owner failing to repair a broken staircase or provide adequate lighting in a parking lot
  • A manufacturer selling a product with a known defect or failing to provide adequate safety warnings
  • An employer failing to provide necessary safety equipment or training to employees

To prove a breach of duty, your attorney will gather evidence such as expert testimony, incident reports, witness statements, and documentation of industry standards or regulations.

3. Causation

Proving causation is a crucial element in a wrongful death case. You must demonstrate that the defendant's breach of duty directly caused your loved one's death. This involves establishing two types of causation:

  • Cause-in-fact: You must show that your loved one's death would not have occurred "but for" the defendant's actions or inactions.
  • Proximate cause: You must show that your loved one's death was a foreseeable consequence of the defendant's breach of duty.

To prove causation, your attorney may rely on evidence such as:

  • Police reports and accident reconstructions
  • Medical records and expert testimony from healthcare professionals
  • Eyewitness statements
  • Product safety reports or recall notices
  • Workplace safety investigations or OSHA reports

Establishing causation often requires the expertise of professionals in various fields, such as medicine, engineering, or accident reconstruction. Your attorney will work with these experts to build a strong case on your behalf.

4. Damages

The final element in a wrongful death claim is damages. You must demonstrate that you and your family suffered losses as a result of your loved one's wrongful death. These damages can include:

  • Medical expenses related to your loved one's fatal injury
  • Funeral and burial costs
  • Lost income and benefits your loved one would have earned
  • Loss of services, protection, care, and assistance provided by your loved one
  • Loss of companionship, guidance, and emotional support
  • Pain and suffering endured by your loved one before their death
  • Your own mental anguish and emotional distress

To prove damages, your attorney will help you gather documentation such as medical bills, funeral expenses, and financial records. They may also work with economic experts to calculate the value of your loved one's future lost income and benefits.

In some cases, punitive damages may be available if the defendant's actions were particularly egregious or reckless. However, punitive damages are rare in wrongful death cases and are generally only awarded if the defendant's conduct was intentional or grossly negligent.

To prove damages

The Importance of Preserving Evidence

Evidence is crucial in building a strong wrongful death case. It's essential to preserve any evidence related to your loved one's death as soon as possible, as it can become lost or degraded over time.

Some steps you can take to preserve evidence include:

  • Taking photographs of the accident scene, injuries, and any damage to property
  • Keeping copies of medical records, bills, and any correspondence with insurance companies
  • Obtaining contact information for any witnesses to the incident
  • Preserving physical evidence, such as damaged vehicles or equipment, in a secure location

Your attorney can also help you gather and preserve evidence, as well as consult with experts who can analyze and interpret the evidence to support your claim.

The Role of Insurance Companies

Insurance companies often play a significant role in wrongful death cases, particularly when the defendant has liability insurance coverage. However, it's important to remember that insurance companies are businesses whose primary goal is to minimize payouts and protect their own interests.

When dealing with insurance adjusters, it's crucial to have an experienced wrongful death attorney on your side who can negotiate on your behalf and ensure that you receive fair compensation for your losses. Your attorney can also help you navigate the complex interplay between insurance coverage and legal liability in your case.

 insurance coverage and legal liability in your case

Wrongful Death Lawsuits and Criminal Charges

nc wrongful death lawyer

In some cases, the person or entity responsible for your loved one's death may face criminal charges in addition to a civil wrongful death lawsuit. It's important to understand the differences between these two legal processes.

Criminal charges are brought by the government and seek to punish the defendant for their actions, which may result in fines, probation, or imprisonment. A wrongful death lawsuit, on the other hand, is a civil action brought by the decedent's family seeking compensation for their losses.

While a criminal conviction can provide a sense of justice and may be used as evidence in a wrongful death lawsuit, the outcome of a criminal case does not necessarily determine the outcome of a civil case. Your attorney can help you understand how criminal charges may impact your wrongful death claim and guide you through both processes.

The Role of Experts in Wrongful Death Cases

Experts play a crucial role in many wrongful death cases, providing testimony and analysis that can help establish the necessary elements of your claim. Some common types of experts used in wrongful death cases include:

  • Accident reconstruction specialists who can analyze the circumstances of the incident and determine how it occurred
  • Medical experts who can review medical records and provide opinions on the cause of death and any pre-existing conditions
  • Product safety experts who can analyze defective products and determine how they contributed to the death
  • Economic experts who can calculate the financial losses suffered by the decedent's family, including lost income and benefits

Your attorney will work with qualified experts to build a strong case on your behalf and ensure that their testimony is presented effectively in court.

 presented effectively in court

Choosing the Right Wrongful Death Attorney

nc wrongful death lawyer

If you choose to file a wrongful death claim, it's essential to work with an experienced wrongful death attorney who can guide you through the legal system and fight for the compensation your family needs to move forward.

When selecting a North Carolina wrongful death attorney, consider the following factors:

  • Experience handling wrongful death cases similar to yours
  • Knowledge of North Carolina's wrongful death laws and statutes
  • A track record of successful settlements and verdicts
  • Compassionate and responsive communication
  • A willingness to take your case to trial if necessary
  • A contingency fee arrangement, meaning they only get paid if you recover compensation

Your attorney should also have access to a network of experts, such as accident reconstructionists, medical professionals, and economic analysts, who can help build your case and prove the necessary elements of your claim.

During your initial consultation, come prepared to discuss the details of your loved one's death, including any evidence you've gathered or witnesses you believe may be important. Your attorney will ask questions to assess the strength of your case and advise you on the best course of action.

The Wrongful Death Legal Process

Once you've chosen a wrongful death attorney, they will begin the process of investigating your claim and gathering evidence. This may involve:

  • Obtaining police reports and accident scene photographs
  • Interviewing witnesses and taking statements
  • Reviewing medical records and consulting with medical experts
  • Analyzing product safety reports or workplace safety investigations
  • Calculating economic damages, such as lost income and medical expenses

Your attorney will also handle communication with insurance companies and the defendant's legal team. They will work to negotiate a fair settlement on your behalf, but if an agreement cannot be reached, they will be prepared to take your case to trial.

It's important to note that North Carolina has a two-year statute of limitations for most wrongful death lawsuits. This means that you must file your claim within two years of your loved one's death, with some exceptions for cases involving medical malpractice or defective products. Your attorney will ensure that your claim is filed within the appropriate timeframe to protect your rights.

Coping with Grief and Loss

While a wrongful death lawsuit can provide a sense of justice and financial relief, it cannot erase the pain of losing a loved one. It's essential to take care of your emotional well-being during this challenging time.

Consider seeking support from:

  • Family and friends who can offer comfort and assistance
  • Grief support groups or online forums for those who have experienced similar losses
  • Mental health professionals, such as therapists or counselors, who can help you process your emotions
  • Religious or spiritual advisors who can provide guidance and solace

Remember that healing is a process, and there is no "right" way to grieve. Be patient with yourself and allow yourself to experience your emotions without judgment.

While no amount of compensation can ever replace your loved one, a successful wrongful death claim can provide a sense of justice and help alleviate the financial burdens caused by your loss. It can also help prevent similar tragedies from happening to others in the future.

Frequently Asked Questions (FAQs)

wrongful death lawsuit

Q: Who can file a wrongful death lawsuit in North Carolina?
A: In North Carolina, a wrongful death lawsuit must be filed by the personal representative of the decedent's estate, who is often a close family member, such as a spouse, child, or parent. If there is no designated personal representative, the court may appoint one.

Q: What is the difference between a wrongful death claim and a survival action?
A: A wrongful death claim seeks compensation for the losses suffered by the decedent's family members, such as lost income, funeral expenses, and loss of companionship. A survival action, on the other hand, seeks compensation for the losses suffered by the decedent before their death, such as medical expenses and pain and suffering.

Q: How are damages divided among family members in a wrongful death case?
A: In North Carolina, the damages awarded in a wrongful death case are distributed according to the state's intestate succession laws, which prioritize the decedent’s spouse and children. If there is no surviving spouse or children, the damages may be distributed to other family members, such as parents or siblings.

Q: What if the decedent was partially at fault for their own death?
A: North Carolina follows a contributory negligence rule, which means that if the decedent was found to be even partially at fault for their own death, their family may be barred from recovering damages in a wrongful death lawsuit. However, there are some exceptions to this rule, such as cases involving gross negligence or intentional conduct by the defendant.

Seeking Justice for Your Loved One?

Losing a loved one due to someone else's negligence or wrongful act is an unimaginable tragedy. At Speaks Law Firm, we understand that no amount of compensation can ever replace your loved one, but we also believe that holding the responsible party accountable is an essential step in the healing process.

Our compassionate and experienced wrongful death lawyers in NC are here to guide you through this challenging time and fight for justice for your loved one. We offer:

  • ★  Compassionate Support: We understand the emotional toll of losing a loved one and are here to provide not just legal guidance, but also a listening ear and a
    helping hand.
  • ★  Thorough Investigation: Our team will meticulously investigate the circumstances of your loved one's death, gathering evidence and consulting with experts to
    build a strong case on your behalf.
  • ★ Skilled Negotiation and Litigation: We will work tirelessly to negotiate with insurance companies and the responsible party's legal team to secure a fair
    settlement. If necessary, we are prepared to take your case to trial to fight for the maximum compensation in your case.

We know that taking legal action during this difficult time can feel overwhelming, but you don't have to face this alone. Schedule your free consultation with Speaks Law Firm today to discuss your case with a compassionate wrongful death attorney. Contact us at (980) 237-6948 or through our online form to get started.

At Speaks Law Firm, we believe that every person needs a voice, especially when they can no longer speak for themselves. Let us be the ones who speak for you and your loved one. Because in times like these, we do.

Copyright © 2024. Speaks Law Firm. All Rights Reserved.
The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.
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