Wrongful Death Attorney Charlotte, NC
A wrongful death case is filed when somebody dies due to negligence, oversight, carelessness, or deliberate behavior of another person. These circumstances could have been avoided had the opposite person made different decisions or been more attentive. Wrongful death is sudden, abrupt, and can be traumatic. It can be a result of an accident, indirect negligence, or a case of violent crime resulting in murder.
Wrongful death can also be caused due to drunk driving or reckless behavior of another individual that claims the life of an innocent person. It can also occur due to medical malpractice whether the mistake of the medical professional could cost the victim his or her life.
This sort of death is difficult to deal with and handling the sudden demise of a loved one due to the negligence of another individual can be frustrating. While you grieve and try getting your life back on track, you should get in touch with a wrongful death attorney who can handle all the legal proceedings and get you a substantial financial claim. There are various factors a wrongful death attorney takes into consideration before filing a claim.
If someone dies because of a wrongful act or negligence of another person then it is called a wrongful death. The family of the dead can file a lawsuit against the person who has killed the family member so that they can get compensation for mental pain and financial loss. The most common wrongful death cases are:
- Traffic accidents
- Medical malpractice
- Liability of premises
- Workplace accidents
- Violence or homicide
- Defective products
In the cases of wrongful death, the death is sudden or untimely. If your loved one’s death has been caused due to the wrongdoing or negligence of another person then there may be a lot of anger and feeling of injustice within you. You might be coping with the emotional trauma and wondering why it happened to you. You also might be feeling that you deserve compensation for all the suffering and pain that is caused by them to you and the family.
You need to consider the circumstances before deciding whether or not you need to file a wrongful death claim. This is difficult for a common man to figure out which is why an attorney comes in handy. They take into consideration the negligence, wrongful act, and recklessness of the person in question.
If it was an accident that involved the collision of two cars and resulted in the death of your loved one, it may not always be passed off as wrongful death. In such a scenario, you will need to file for car accident insurance. However, if the accident was caused due to the negligence of the opposite person then you can claim for wrongful death. However, the negligence needs to be proven in a court of law.
Your attorney will complete the investigation which involves checking CCTV footage or speaking to eyewitnesses that were present at the spot. In the case of a drunk driver, the blood alcohol level of the driver would need to be checked and medical reports would need to be filed in court. Various complications revolve around wrongful death and it is important to have a certified wrongful death attorney by your side.
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.
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.
Understanding Wrongful Death Vs. Manslaughter
If you recently lost someone you love, a Charlotte, NC wrongful death lawyer can help you get closure and compensation. At a time like this, it’s understandable to have a few questions about wrongful death cases, and how Schehr Law can help. Read on to get some answers, and get in touch with our office today for a free consultation.
What Is A Wrongful Death?
While any sudden death may feel unjust or unfair, in order for a death to be defined as “wrongful”, it needs to meet certain criteria. Negligence is big factor when it comes to defining the loss of a loved one as a wrongful death.
If a loved one suddenly dies of an unexpected heart-attack in his or her sleep, chances are it’s not a wrongful death. It’s tragic and may feel unfair, but it’s a natural part of life. On the other hand, if a loved one died because of unprepared or incompetent medical staff, or was killed by an unsafe driver’s actions, you may have a wrongful death suit on your hands.
What Is Manslaughter?
Manslaughter and wrongful death are two sides of the same coin. The big difference is how and where the cases are handled. While both can be applied to the same action (causing the death of someone else through negligence), manslaughter is handled in a criminal court, and wrongful death is handled in civil court.
This means that manslaughter can result in jail time and fines paid to the state. On the other hand, wrongful death suits may result in court-ordered payments to the family and friends of the deceased.
How Can Financial Compensation Help?
A manslaughter charge rarely results in any payment being made to the family and friends of the deceased. Although no amount of money can make up for the loss of a loved one, it provide some much-needed closure.
When you contact a Charlotte wrongful death lawyer, you’re taking an important step towards financial compensation. This compensation can be used to pay for funerary bills and expenses, and – in the event of medical malpractice – can also be used to pay off hospital bills. Financial compensation is an important tool that you and your loved ones can use to properly grieve, and you shouldn’t hesitate to lawyer up.
When Should I Contact A Wrongful Death Lawyer?
It can be tempting to contact a lawyer as soon as you hear of your loss, but it’s important to remember that not all “wrongful deaths” can really be defined as wrongful. If you think someone’s actions led to the loss of your loved one, you should get in touch with a lawyer.
A wrongful death is a tragedy, but a lawyer can help you find closure and compensation. It takes some detective work to find the right legal help, so make sure you contact a law office that provides free consultations.
What Should I Look For In A Lawyer?
There are many wrongful death lawyers out there, but only a few provide free consultations, dedicated case management, and a commitment to your case that matches your own.
At Schehr Law, we understand that a wrongful death means pain, anger, confusion, and grief. However, we also know that a civil suit can be part of the healing process. If you’ve lost a loved one, get in touch with us today for a free consultation, and see what a Charlotte wrongful death lawyer from our office can do for you.
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.
Matters we can Help You With
Random individuals or individuals not related to the victim cannot file for a wrongful death claim. It must be filed by immediate family members. In case there are no immediate family members, then step children that were legally adopted by the victim can also file for such a claim. If there is written confirmation that the victim legally authorized a third person to handle their estate after their death, only then can that person file a claim.
It’s quite difficult to figure out who can and cannot file for a wrongful death claim and this is where a wrongful death attorney comes in handy.
Various factors need to be considered when filing for a wrongful death claim. The economic burden is at the top of the list. If the victim was the sole bread earner of the family and there are mortgages and other bills that need to be handled, this will also be taken into consideration when filing a claim. Apart from the costs that were associated with direct death, things such as medical expenses, funeral bills, expenses to maintain the family lifestyle will also be taken into consideration.
A smart wrongful death lawyer also takes into consideration non-economic damages. This includes emotional factors such as the loss of a loved one, a companion, a parent, or a child.
Wrongful deaths are sudden which means the emotional impact of death is quite high. The relatives of the victim could be in shock for several months. This may make it difficult for them to move on and make the right decisions. In such situations, the opposing attorney would try and take advantage and lower the claim considerably. It is difficult to even understand what is happening in such a situation. Considering the complications involved with wrongful death laws, people are often under-compensated for the death of a loved one.
Having a smart wrongful death attorney by your side not only ensures your paperwork is in place but they also take the time to gather evidence and do all the running around so you don’t have to stress about the case. These lawyers are compassionate and they understand the support you need which is why they are just as aggressive when demanding compensation for your losses. They do not take things lightly and they pin down the opposition and compel them to give in.
Save Time And Money
Wrongful death attorneys also help save a lot of time and money because they do not like beating around the bush. While the opposition lawyers may have you going around in circles, this is something your attorney will not let happen. They help to get your claim released as soon as possible by pressurizing the opponent. In some cases, they manage to get it as early as the victim’s funeral.
They also help save a lot of time because of the multiple trips you would have had to make to the courtroom. This is because they push to file charges if the opponent does not budge during the first hearing.
Increase Your Claim Value
No price can compensate for the loss of a loved one. However, the right amount can help you get a fresh start. Many times people refuse the initial compensation only to regret it at a later stage in life. Hiring a wrongful death attorney at the right time helps you understand the value of this claim and why it is so important.
The attorney will explain the need for you to move on and cover up the losses you had to face because of the negligence of another person. Many times single mothers are left to fend for themselves along with their children and in some cases, children are left without parents because of the wrongful act of another person. A wrongful death attorney helps to punish these offenders by getting you the compensation that will help secure your life.
At Schehr Law, our lawyers will be there for you in the time of your loss. They will do all that they can so that you get compensation for suffering, financial burden, or pain that you and your family are going through because of the wrongful death of your family member.
"As a fellow professional in the area, I highly recommend Chris Schehr as an attorney. He has been very helpful to my clients as a resource for their personal injury, criminal, and immigration needs. In my experience with Chris, he is especially skilled with clients in car accident related cases."
* 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.