Charlotte Wrongful Death Lawyer

Did your loved one die in an accident caused by someone else’s negligence? If so, you can file a wrongful death lawsuit to obtain a settlement on your loved one’s behalf. Contact a wrongful death attorney in Charlotte for help as you seek justice.

Losing a family member is never easy to handle, and it can take months to recover physically and emotionally from the loss. When you know someone else’s negligence caused the accident that resulted in your loved one’s death, it can make it hard to forgive and forget. Your loved one and your family deserve justice for the suffering they’ve been put through.

Thankfully, the state of North Carolina allows family members to sue for wrongful death when it can be proven that negligence caused a fatal accident. If you’re ready to receive the compensation you and your family deserve, you can discuss the details of your loved one’s accident with a Charlotte wrongful death lawyer from The Nye Law Group.

Who Can File Wrongful Death Claims in Charlotte?

Most states list various relatives who can file wrongful death claims on behalf of the deceased; however, North Carolina’s wrongful death statute varies from other states’. In North Carolina, the personal representative of the deceased is the only one initially eligible to file a wrongful death claim on behalf of the deceased and recover a settlement.

The personal representative of the deceased can file a wrongful death claim and recover damages for both the estate and surviving family members of the deceased. The deceased usually names the personal representative within their estate plan or will; however, if the deceased didn’t have an estate plan or will, then the court will name a personal representative. 

If the court names a personal representative on behalf of the deceased, they’ll usually name the closest surviving family member, such as a surviving spouse, parent, or adult child.

Time Limit on Filing Wrongful Death Claims in North Carolina

If your loved one was killed in a fatal accident in Charlotte, then you’ll have two years from the accident to file a wrongful death claim. This two-year time limit is known as the statute of limitations in North Carolina. If you don’t file within the two-year time limit, then the court won’t hear your claim, and you can’t receive a settlement for your loved one’s death.

How to Know When Wrongful Death Has Occurred

Some people may think all fatal accidents in Charlotte are considered wrongful death cases, but it’s important when filing a wrongful death claim to understand what wrongful death is. Wrongful death occurs when negligence causes a fatality. For example, if a drunk driver causes an accident and a victim in the accident dies, then that victim’s death is considered a wrongful death.

Negligence can be a factor in a fatal accident, however, and not cause wrongful death. For example, a negligent driver may rear-end someone in Charlotte, but if the accident is minor and the driver they hit dies from a heart attack, then the negligent driver may not be responsible for the death.

Each accident must be assessed individually because not only must negligence be a factor but the negligence must directly cause the death for wrongful death to stand in court. 

Types of Fatal Accidents in Charlotte That Often Result in Wrongful Death

Car accidents, work-related accidents, product defect accidents, and slip-and-fall accidents can all lead to wrongful death if a victim’s injuries result in death and are caused by a negligent party’s actions. It’s essential to discuss your loved one’s accident with a wrongful death lawyer in Charlotte if you hope to gather the evidence necessary to prove negligence.

Consult a Charlotte Wrongful Death Attorney

When your loved one dies unexpectedly, you can lean on family and friends for support as you grieve the loss. However, healing can feel impossible if you know someone is at fault for your loved one’s death and hasn’t been held responsible.

Although money will not heal your family from the loss you’ve suffered, it can help you get back on your feet and move on without financial stress holding you back. As you remember your loved one’s life, you can do so with positivity and closure.

If you’re ready to take legal action for your family, you can discuss your situation with a Charlotte wrongful death lawyer from The Nye Law Group. To schedule a free consultation, call 704-285-6319 or fill out the contact form below.