Wrongful Death Lawyer Charlotte, NC
Wrongful Death Lawyer Charlotte, NC
Hiring a skilled and experienced wrongful death lawyer who assists Charlotte, NC clients may be one of the best things that you can do if you have recently lost a loved one in an accident. Wrongful death scenarios are tragic and the worst thing about them is that they could have been prevented. Negligence is a core part of wrongful death claims. If you need legal assistance, you can come to a lawyer like one at Schehr Law for guidance and important legal advice. They can help you determine what steps you need to take to get justice for your deceased loved one and hold the parties accountable.
Wrongful Death Lawyer in Charlotte, NC
You can count on a qualified wrongful death lawyer like one at Schehr Law to assist you with your case. Through their skills and litigation experience, they can examine your case and tell you what steps that you need to take to build the strongest claim possible. They have a strong record of delivering the results for their clients, getting them the settlement that they deserve. For more information, set up a consultation so that you can have your case assessed.
Wrongful Death Scenarios
As a wrongful death lawyer Charlotte, NC residents turn to like one at Schehr Law can explain, wrongful death is a large practice area that consists of many different scenarios. Fatal accidents can occur in a variety of settings, so they have handled many types of cases for clients. Here are a few examples of scenarios where wrongful deaths can occur:
- Workplace accident
- Construction accident
- Car accident
- Pedestrian accident
- Medical malpractice
Damages You Can Recover
Financial losses that a victim suffers refer to damages. If the court finds that the defendant made some violation, they are ordered to pay for the losses. Damages can be classified as economic, non-economic, and A lawyer can calculate the damages that you are entitled to, because the list can be extensive. Some damages can take some time to determine, such as the cost of medical treatment for injuries that show up later. A lawyer will work on gathering everything necessary so that your damages can be calculated accurately.
Legal Services Are Available
If you want to obtain quality legal services so that you can have the case result you deserve, obtain the help of a lawyer. Wrongful death cases are difficult to handle, and you should be focused on grieving your loved one. It is important to talk to a lawyer right away before it’s too late. You do not have much time to prepare a wrongful death case. Legal cases can take a long time to investigate, so you need to make sure you have enough time for a lawyer to work on it. If you are going through an important legal issue that you need to resolve, turn to Schehr Law, PLLC. For more information about what you can gain by obtaining legal services from a qualified wrongful death lawyer who serves Charlotte, North Carolina residents, contact our firm as soon as possible.
What legal options do North Carolina families have when a loved one is killed due to the negligence, recklessness, or intent of another party?
A Charlotte, NC wrongful death lawyer understands that when families have lost a loved one to the negligent or intentionally wrongful conduct of another, the tragedy is one of continual unfolding. First, there is the shock over a life taken too soon. Then, there is the grief over the loved one’s suffering and the loss of companionship and affection. And at some point for many loved ones of a wrongful death victim, there is the stress and difficulty of facing financial obligations without the income once earned by that victim.
This sudden shift in one’s financial foothold in the world, at a time when one is still grieving, is to add tragedy upon tragedy. When mourning and already dealing with funeral and burial expenses, you should not have to be worrying about mortgage payments, medical bills, and other debts and expenses. This is why it is so important for you to know that compensation may be sought by survivors of a wrongful death victim from those responsible for the wrongful death.
How does North Carolina law address wrongful death actions?
North Carolina G.S. 28A-18-2 specifies what constitutes a wrongful death, and which survivors of a wrongful death victim are eligible to seek financial compensation in a relevant state civil court. Under the statute, a wrongful death lawsuit can be filed if the death of a person is caused by the neglect, default, or wrongful act of another party, and had the victim lived, they would have been entitled to file a personal injury lawsuit against that at-fault party.
Who can file a wrongful death lawsuit under North Carolina law?
Each state has its own wrongful death statute. In many states, the victim’s spouse, children, parents, or other relatives may have the right to file a lawsuit against the party liable for the victim’s death. However, as a Charlotte wrongful death lawyer can explain, that is not the case in North Carolina.
Under our state’s law, only a personal representative of the victim’s estate may file a wrongful death claim. The representative may file the claim on behalf of the victim’s estate, as well as surviving family. Typically, if the victim had an estate plan in place, the person chosen to be the executor of the estate is the representative to file the lawsuit.
What if the victim did not have an estate plan?
If there was no estate plan or if the executor fails to file, the court has the authority to appoint a representative. This can be the victim’s spouse, adult child, or other appropriate family members.
Where can I learn more about filing a wrongful death lawsuit?
If you are the loved one of a wrongful death victim, the financial compensation available in a lawsuit can help compensate for the lost income that will no longer be made by the lost loved one, funeral and burial expenses, any medical bills arising for treatment between injury and death, loss of companionship, and other harms suffered. Call Schehr Law, PLLC to schedule a free consultation with a compassionate Charlotte wrongful death lawyer and find out what legal recourse you may have for your loved one’s death.
Who Can Be Held Responsible for Wrongful Death
As an experienced Charlotte, NC wrongful death lawyer knows, there are many different parties that can be held responsible for the loss of your loved one. During your time of grief, it may not appear clear to you who or what can be pursued in a wrongful death case, which is why it is important to have a qualified attorney by your side. Learn more about common examples of wrongful death cases, and then contact an attorney at Schehr Law, PLLC for help.
If you lost a loved one in a car accident due to someone else’s negligence, then the person that caused the accident can be held responsible. Most likely, this would be the driver of the other vehicle. If they were driving distracted or knew their car was not operating correctly, then they are at fault. If this involves a truck accident, truck drivers can also be held responsible — especially if they did something they should not have such as driven drowsy to try to make a deadline. If your loved one’s accident was caused by a pedestrian, they too can be held responsible, but those cases tend to be very rare.
#2: Property Owners
If a property owner fails to properly maintain their place of business or residence, then they are at fault. In particular, if they have been warned several times over about a certain hazard such as a slippery floor — and those complaints are documented somewhere — that person is responsible. They knew there was an issue, and it should have been corrected before serious damage was done. This scenario applies to both houses and commercially owned properties. An example of a company not maintaining their place of business would be if there were known electrical hazards with faulty outlets that lead to the death of someone else. On the homeowner’s side of things, a case could even include a snake bite of the homeowner knew there was a venomous snake issue that was a danger to others and never did anything to fix it.
#3: Product Creators and Distributors
A wrongful death can be caused by faulty products. Anyone who had knowledge that the product was not in working order and could lead to death can be held responsible. This can be the person who invented the product, the company that created the product, and even the company that delivered the product. When it comes to faulty products, there are a whole line of people that can be held responsible, but determining guilt can be tricky. That is why working with a qualified Charlotte wrongful death lawyer is extremely important.
#4: Doctors, Hospitals, and Medical Companies
If a doctor knowingly performs a dangerous procedure or does not follow proper protocols and the incorrect procedure is performed, they can be held responsible. Working in a hospital is a team effort, though, so there are others who can also be at fault such as nurses that did not complete charts correctly or even administrative staff that did not create standard operating procedures that are up to code. Finally, medical companies that create products such as medical devices can also be held liable for a wrongful death case.
These are just a few examples of people who can be found at fault in a case, but for a more comprehensive look at your particular situation, contact a Charlotte wrongful death lawyer at Schehr Law, PLLC for help.
* Note: I am available via email and phone anytime after hours. Free consultations apply to personal injury and criminal law cases. Immigration defense is subject to a consultation fee which will be applied towards your retainer if you chose to retain.