Suffering through the tragic loss of a loved one places a tremendous strain on a family, regardless of the circumstances. However, when a family member’s death was the result of another’s negligence, it only adds to your family’s frustration and despair. Not only that, but an unexpected death often creates financial difficulty where there previously was none, whether it be to your loved one’s accident-related expenses or the loss of their income.
At the Olsinski Law Firm, PLLC, our dedicated team of Charlotte personal injury lawyers proudly represent individuals and grieving families in cases involving all types of injuries, including wrongful death claims. We have decades of combined experience helping connect families with meaningful compensation for what they’ve been through. We recognize that nothing can reverse the tragedy of what your family has gone through; however, securing fair compensation from the at-fault party can provide your family with a sense of justice and ensure you are not left paying for another’s tragic mistake.What is a Wrongful Death Lawsuit?
A Charlotte wrongful death claim is a type of personal injury lawsuit arising from a fatal accident caused by another’s negligence, carelessness, or recklessness. Wrongful death claims can be filed after any type of accident, including fatal car accidents, motorcycle accidents, slip and falls cases, pedestrian accidents, or other types of accidents.
To establish another’s liability in an NC wrongful death case, you must show that the other party violated a duty of care that was owed to your loved one and that the other party’s breach of that duty resulted in their death.
Accidents involving the loss of a loved one can be extremely traumatic, and anyone who has suffered a tragic loss should contact a Charlotte wrongful death attorney as soon as possible. Under North Carolina law, families have just two years to initiate a wrongful death claim. However, it’s best to contact an attorney as soon as possible to ensure they are able to locate all of the evidence that will be needed to prove your claim.Damages in a Charlotte Wrongful Death Lawsuit
North Carolina laws allow qualifying family members to file wrongful death claims for damages and losses, including:
- Loss of companionship,
- Loss of guidance,
- Loss of protection,
- Loss of assistance,
- Loss of support,
- Pain, suffering and emotional trauma, and
- Burial and funeral expenses,
- Medical expenses related to the accident.
Under N.C. Gen. Stat. § 28A-18-2, wrongful death claims must be filed by the personal representative of an accident victim’s estate. The personal representative is typically the person named in the deceased’s will, who they designate to take care of their affairs upon their death. However, if someone dies without a will or fails to name a personal representative in their will, the court will appoint a personal representative.
While a personal representative is required to file a wrongful death claim in NC, the proceeds from the lawsuit are payable to the accident victim’s surviving loved ones, including their spouse, children, and anyone else named as an heir under their will.Have You Suffered Through the Loss of a Loved One?
If you recently lost a family member in a preventable accident, reach out to the Olsinski Law Firm, PLLC, to learn more about your rights. The Olsinski Law Firm, PLLC, is dedicated to providing professional and compassionate legal representation to grieving families in wrongful death cases. We will conduct a thorough investigation of the incident and skillfully prepare your claim. We will also pursue the maximum benefits that you are entitled to with determination and resolve while providing a compassionate shoulder to lean on during your difficult time. Don't hesitate to contact us to discuss your case, have your questions answered, and find out more about the type of compensation you may be eligible to receive. To learn more, and to schedule a free consultation today, call 704-405-2850, or connect with us through our secure online contact form.