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Charlotte Wrongful Death Attorney

What Are Examples of Wrongful Death?

If you have lost a loved one due to the careless, negligent, or malicious actions of another, the loss can be heartbreaking and overwhelming. No amount of money, remorse, or amends can restore the life of the person you loved. You and your family must go through the grieving process and do your best to come to terms with a seemingly inexplicable event.

Wrongful deaths can be caused in varying ways, including:

Auto accidents
Truck accidents
Motorcycle accidents
Criminal attacks
Workplace accidents
Defective and dangerous consumer products

As the survivors of a wrongful death, however, you can seek justice through a legal claim against the at-fault party. Doing so may help bring some measure of closure to you and your family as well as send a message to others that such behavior will never be acceptable. At The Nesmith Firm, we can provide the representation you need to hold the responsible party legally liable for what you and your family have suffered.

North Carolina Wrongful Death Claim Process

Wrongful death claims in the state are covered in Section 28A-18-2 of North Carolina law. Under this law, the personal representative of the deceased person’s estate must file the wrongful death claim in court. If he or she fails to do so or if a personal representative was never named by the deceased, the court will appoint one to begin the claims process. This person can be a surviving family member, such as a spouse, parent, or adult child.

These claims are subject to a statute of limitations which gives you two years from the date of the death to file. If you fail to do so within this timeframe, you will generally lose your right to take this legal action.

Wrongful Death Claim Damages

In many cases, not only do family survivors suffer the emotional consequences of a wrongful death but financial consequences as well. These can include medical bills incurred by the deceased prior to his or her death, the loss of wages, income, or benefits that he or she provided as a working adult, as well as funeral and burial expenses.

A wrongful death claim can seek compensation for all of the above financial consequences as well as the following:

The pain and suffering the deceased person suffered prior to death
The loss of his or her protection, care, and services to the survivors
The loss of companionship, comfort, guidance, advice, and company the deceased person would have provided to family survivors

In some cases, punitive damages may be awarded by the court where a wrongful death was particularly wanton or willful.

Put a Dedicated Charlotte Wrongful Death Lawyer on Your Case

As a family survivor, you may not only feel deep shock and grief but anger and powerlessness at having the life of your loved one taken from you. While nothing can bring back the person you lost, you can find justice through a wrongful death claim. At The Nesmith Firm, we have the skills, tenacity, and resources needed to help you pursue that justice through a settlement or verdict for full and fair compensation.

For questions and concerns about a potential claim, contact The Nesmith Firm online or at (704) 741-7363 for a case review.

Contact us for a consultation today

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