Losing a loved one is incredibly difficult. This is particularly true if a loved one died due to the careless, negligent, or intentional actions of another individual or entity. At Price Petho & Associates P.L.L.C., our team is standing by to help if you need a Charlotte wrongful death attorney. We have the resources necessary to investigate complex wrongful death claims in order to determine liability. We understand that families in these situations are going through a very difficult time. Our goal is to help them secure the closure and compensation they are entitled to.
What Is The Deadline To File Wrongful Death Claims In Charlotte?
It is important to recognize that family members have a limited amount of time to file wrongful death claims in this state. 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 failed to file a wrongful death claim within this three year time period, they will likely lose their ability to recover any 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. A Charlotte wrongful death lawyer will be able to analyze the facts of your case and work to ensure that all deadlines are met.
Call Price Petho & Associates P.L.L.C. today at (704) 850-6322 for a free consultation about your case. We work on a contingency fee basis, and will not collect payment unless we help our clients reach a settlement.
Who Can File A Wrongful Death Claim In Charlotte?
Turning to the North Carolina Statutes section 28A-18-2, we can see that state law allows the personal representative of the deceased person’s estate to file a wrongful death claim in court. The wrongful death claim will seek damages on behalf of both the estate and the surviving family members. Often, the personal representative of the estate is going to be a family member of the deceased. If the deceased person 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 will typically be 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 will be a surviving spouse, adult children, or parents of the deceased.
How do Wrongful Death Claims Arise in Charlotte?
The Charlotte wrongful death attorneys at Price Petho & Associates P.L.L.C. have extensive experience handling claims that arise in a wide variety of ways. In our area, we know that wrongful death cases arise due to the following:
This is certainly not an all-inclusive list of the ways that wrongful death cases arise in our area. We strongly encourage you to contact our attorneys so we can provide a free consultation of your claim and determine the best steps moving forward.
Types of Compensation Available in a Charlotte Wrongful Death Claim
There may be various types of compensation available to families who have lost a loved one or the estate of the deceased. When you file a wrongful death claim, you may be able 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 your loved one’s pain and suffering they endured before death
- Lost income that your loved one would reasonably have been expected to earn had they lived
- Compensation for care, protection, services, and assistance for loved ones would have provided had they lived
- Compensation for the loss of society, care, companionship, comfort, and guidance you loved ones provided
- Possible punitive damages against the at-fault party
What if There is a Criminal Case Related to the Death?
It is important to distinguish between criminal and civil cases in these situations. It is entirely possible for there to be a criminal case filed against the person who allegedly caused the death. Criminal cases are designed to determine whether or not the defendant is innocent or guilty in the case and assign punishment if they are found guilty. However, civil wrongful death claims revolve around ensuring that families receive compensation for the loss of their loved one from the alleged negligent party. Even if there is a criminal case related to the death, family members need to get started on their wrongful death claim as soon as possible. Additionally, there does not have to be any criminal case in order for a civil wrongful death claim to be filed.
Why Is An Attorney Necessary For A Wrongful Death Claim?
Wrongful death cases can become incredibly complicated in North Carolina. Often, a wrongful death claim is going to require extensive resources in order to conduct a complete investigation to determine liability. A Charlotte wrongful death attorney will have the resources and 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.
- Ensure the economic and financial experts properly calculate the total losses of the estate and family members.
- Negotiate with every party involved to reach a fair settlement on behalf of the estate and family members of the deceased.
Family members who try to handle wrongful death cases without assistance from legal counsel often find themselves overwhelmed by the attorneys of the alleged negligent party. When you secure a wrongful death lawyer in Charlotte to help with your case, you are gaining an advocate who will be on your side throughout the entire case.
Call (704) 850-6322 today to begin strategizing for your case. Consultations are free.