Charlotte, NC Wrongful Death Attorneys
Compassionate advocacy after the loss of a loved one in Mecklenburg County
The loss of a loved one or family member is always a terrible thing, but when that death happens because of another’s negligence or unlawful act, it becomes even more tragic. The law calls these situations “wrongful death,” and surviving family members can hold the responsible parties accountable in civil actions.
At Price, Petho & Associates, our wrongful death attorneys have been helping the people of Charlotte since 1979. We have the resources necessary to investigate complex wrongful death claims, determine liability, and hold the right people responsible. We understand that families in these situations are going through a very difficult time, likely the most difficult of their lives. Our goal is to help them secure the closure and compensation to which they need and are entitled.
What would you like to know?
What is wrongful death?
Wrongful death is the loss of life resulting from another’s negligence, recklessness, or wrongful act. A wrongful death action is a civil action taken by the survivors of the person who lost their life (the decedent). Generally, this means the children, parents, or spouse of the decedent. It’s important to keep in mind that a wrongful death action is separate from any criminal trial that may arise from your loved one’s death. Civil trials generally also have a lesser burden of proof than criminal trials. Our Charlotte attorneys can explain these differences in more detail at a free consultation.
Who can file a wrongful death claim in Charlotte?
Under North Carolina Statute 28A-18-2, the personal representative of the decedent’s estate may file a wrongful death claim in court. A wrongful death claim seeks damages on behalf of both the estate and the surviving family members. Often, the personal representative of the estate is a family member of the deceased. If the decedent had an approved estate plan, they would likely have named a personal representative. If the court agrees to the appointment of the personal representative, they are typically called the executor of the estate.
If a person named in the estate plan cannot serve as the personal representative, or if there was no estate plan in place, the court will appoint an individual to serve as the personal representative. Typically this is a surviving spouse, adult children, or parents of the decedent.
What are the most common types of wrongful death cases?
The Charlotte wrongful death attorneys at Price, Petho & Associates have extensive experience handling wrongful death cases arising from:
This is certainly not an all-inclusive list of the ways that wrongful death can occur. We strongly encourage you to contact our attorneys so we can provide a free consultation and determine the best steps for you and your family to move forward.
What if there is a criminal complaint related to my wrongful death claim?
It is important to distinguish between criminal and civil cases in a wrongful death situation. It is entirely possible for there to be a criminal case filed against the person whose actions caused your loved one’s death. Criminal cases are designed to determine whether or not a defendant is innocent or guilty, and assign punishment appropriately.
However, civil wrongful death claims revolve around ensuring that families receive compensation for the loss of their loved one from the negligent party. Even if there is a criminal case related to the death in progress, family members should get started on their wrongful death claim as soon as possible. Additionally, there does not have to be any criminal case in order to file a wrongful death claim. Talk to the team at Price, Petho & Associates to find out more – we can help.
How can a Charlotte wrongful death attorney help?
Wrongful death cases can be incredibly complicated and often require extensive resources for a complete investigation to determine liability. Our team has the legal experience necessary to:
- Obtain any evidence needed to prove liability. This can include video or photo surveillance of the incident that caused the death, statements from eyewitnesses, accident reports, and more.
- Work with trusted medical experts to properly determine the cause of death.
- Procure economic and financial experts to calculate your family’s total losses.
- Negotiate with every party involved to reach a fair settlement on behalf of the estate and family members of the deceased.
Family members who attempt to handle wrongful death cases without assistance from legal counsel often find themselves overwhelmed by insurance companies and attorneys from the negligent party. When you work with the legal team at Price, Petho & Associates, you have advocates on your side every step of the way.
What is the value of my wrongful death case?
If you have wrongfully lost a loved one, you may be entitled to seek damages for the following:
- Any medical expenses related to the injury that caused the death of your loved one (emergency care, hospitalization, etc.)
- Funeral and burial expenses
- Compensation for the pain and suffering your loved one endured before death
- Lost income that your loved one would reasonably have been expected to earn had they survived
- Compensation for care, protection, services, and assistance they would have provided over their lifetime
- Compensation for the loss of society, care, companionship, comfort, and guidance they would have provided over their lifetime
- Possible punitive damages against the at-fault party, in cases of extreme gross negligence or willful conduct
Our attorneys painstakingly work to determine the value of your losses, depending on the specific circumstances of your case.
How long do I have to file a Charlotte wrongful death claim?
It is important to recognize that family members have a limited amount of time to file wrongful death claims – the North Carolina wrongful death statute of limitations is two years from the date of the deceased person’s death. If family members or the representative of the deceased person’s estate fail to file a wrongful death claim within this two-year period, they will likely lose their ability to recover compensation for their losses.
Because of this statute of limitations, it is incredibly important for anyone who thinks they have a wrongful death claim to speak to a skilled attorney as soon as possible. Our Charlotte wrongful death lawyers can analyze the facts of your case and work to meet all deadlines properly.
Is there a wrongful death attorney near me?
Price, Petho & Associates’ main office is located at 1430 Elizabeth Ave. in Charlotte, NC. We have additional offices in Richmond County and Rutherford County, and proudly serve clients throughout the state. If you are too injured to come to us, we can make home and hospital visits.
Dependable Charlotte wrongful death attorneys
If you’ve lost a loved one from the negligence or recklessness of another, the attorneys at Price, Petho & Associates are here to help. We know how to hold irresponsible and careless individuals and entities responsible when they cause tragic loss of life, and fight to secure compensation for your family. Let us help you get justice and closure. To schedule a free consultation, call 704-372-2160 or fill out our contact form. We serve clients throughout Charlotte, Rockingham, Rutherfordton, North Carolina and South Carolina.