Wrongful Death Lawyer in Charlotte

Death is always a heartbreaking prospect. To make matters worse, the surviving family members often experience many financial challenges and difficulties. Some deaths are impossible to avoid, but other people pass away as a result of the carelessness or misconduct of another. And when someone dies as a result of negligent behavior, fortunately, there is a legal remedy for monetary losses. 

Wrongful death claims are meant to allow a decedent’s estate holder to recover monetary compensation from the at-fault party. Charlotte, NC, wrongful death lawyers can help you pursue the money you need to cover the costs resulting from your loss. Estate holders have the option to pursue a claim under the North Carolina Wrongful Death Act. If your loved one’s death was preventable, you might have a valid claim. 

Reach out to the accomplished team at Morgan and Morgan to discuss the facts of your wrongful death claim. Our North Carolina tort attorneys will build a powerful case for you and fight for your best interests.

Under North Carolina law, only certain parties are permitted to file a wrongful death claim. By law, many family members are not allowed to file this type of lawsuit. 

Only the victim’s personal representative or estate holder is permitted to file a lawsuit or claim. In most cases, representatives are designated in the decedent’s estate plan. However, some victims do not have an estate plan in place at the time of their death. When this happens, an estate holder may be assigned by the North Carolina courts. 

The plaintiff in a wrongful death case may not be the person who will financially benefit from a successful suit. For instance, the estate representative may not be a close family member. Certain family members would benefit monetarily from a successful lawsuit in these cases.  

To determine whether you have the legal ability to file a claim, speak with the Charlotte, NC, wrongful death lawyers at Morgan and Morgan. Our skilled legal team will help you determine your situation's best legal course of action.

Injuries can happen in many contexts and as a result of many circumstances. Severe and catastrophic injuries often lead to deaths. 

Some of the most common situations leading to wrongful death claims in North Carolina include:

Motor Vehicle Collisions

With so many residents and visitors in the Charlotte area, car accidents are inevitable. Even a small crash can cause serious injuries and property damage.  

But when accidents happen at high speeds or involve large vehicles, drivers and passengers face the risk of death. When someone you love has been killed in a motor vehicle accident, you may have cause to file a legal claim. 

If the driver of the other vehicle was negligent, you could hold them responsible for the associated losses. Some examples of negligent and careless driving include: 

• Driving under the influence of drugs or alcohol
• Driving above the speed limit
• Failing to yield
• Reckless or aggressive driving
• Distracted driving — including texting or phone calls 

No matter what the cause of the accident is, the at-fault party should be held accountable. Following a fatal traffic accident, the victim’s family has the right to seek compensation.

Medical Negligence

When you are sick or injured, seeking professional medical care is vital. Patients should be able to trust that they will receive high-quality care from their doctors, nurses, and surgeons.  

When medical professionals make avoidable mistakes that result in harm, the victim may be owed significant compensation. The same applies to extreme cases that result in the victim's death. 

In these cases, the person’s surviving family members may be left with outstanding medical debt. But the decedent’s survivors should not have to manage the costs and losses following a death that a medical professional caused.

Some of the most common types of medical malpractice that may result in fatalities include: 

• Surgical errors or incorrect surgical sites
• Failure to diagnose or misdiagnosis
• Inaccurate prescription or incorrect dosage
• Failure to review patients’ medical histories 

If malpractice has caused you to lose someone you love, contact Charlotte, NC, wrongful death lawyers. The knowledgeable professionals at Morgan & Morgan know what is needed to successfully fight for the families of wrongful death victims. 

Workplace Mishaps

When workers are injured, they can often seek financial recovery through a legal claim. But what happens when an employee is fatally wounded while performing their job? 

In these instances, the decedent’s estate holder can pursue financial damages on behalf of the victim’s family. If an employer does not provide a reasonably safe working environment and someone is killed, the employer should be held legally and financially responsible. 

Faulty or Defective Products

Dangerous products often cause severe injuries and, in some cases, death. When a consumer is killed as a result of using a faulty product, their survivors can often file a claim.  

The accomplished wrongful death attorneys at Morgan & Morgan are experienced in pursuing compensation in product liability claims. 

These are only a few examples of circumstances leading to victims' deaths. When your family has lost someone you love, it is critical to speak with a legal professional to explore your options. 

When someone you love dies, it will seem unjust regardless of the circumstances. But to pursue a successful wrongful death claim, you may have to prove that the at-fault party was negligent. 

The legal concept of negligence typically involves four distinct elements. For a wrongful death case to be successful, the plaintiff will need to show the following:

Duty of Care

The claimant must provide evidence that the at-fault party owed the victim some type of duty of care. In other words, the defendant was obligated to behave in a reasonably safe and legal way toward the victim. 

In the case of a car accident, drivers owe a duty of care to other motorists on the roadways. Everyone is obligated to operate their vehicles safely and in accordance with the law.

Breach of Duty

The plaintiff will also need to provide proof that the defendant breached their duty of care. When failing to behave safely or legally, a person violates their obligation to keep others safe. 

For instance, suppose someone drives in a reckless manner and needlessly causes a crash. In this case, the reckless driver has failed to live up to their duty of care.

Cause

The representative of the decedent must prove that the defendant’s negligence was the direct or proximate cause of the victim’s death. In other words, the breach of duty must have led to the fatal accident or injury. 

The wrongful death claim would be unsuccessful if the decedent was killed because of another factor or circumstance.

Damages

Lastly, the claimant must show that the death resulted in actual loss. This may take the form of financial or personal losses. 

It can be difficult to successfully pursue damages in a wrongful death suit without the help of a skilled attorney. Speaking with Charlotte, NC, wrongful death lawyers will help you recover the money you are rightfully owed.

The representatives of deceased victims can recover many types of financial compensation through a wrongful death lawsuit. Some of the most common types of damages include compensation for:

• Funeral and burial expenses
• The victim’s pain and suffering
• Related property damage — including vehicular repair
• The family’s grief and suffering
• Loss of the victim’s earned income 

Greedy insurance companies often try to devalue the losses that families sustain in the wake of a loved one’s death. Do not let a tightfisted corporation deny your family the money that you need to move forward. 

The Charlotte, NC, wrongful death attorneys at Morgan & Morgan will accurately estimate the value of your claim. We will fight diligently to recover every cent that you and your family deserve.

It is important to pursue a legal claim as soon as possible following the victim’s death. In the state of North Carolina, claimants must file a legal action within two years of the person’s death.  

Failing to do so will result in the dismissal of your case. The skilled professionals at Morgan and Morgan will handle every time-sensitive element of your wrongful death claim.

Losing a loved one is emotionally devastating. When someone you love dies because another party was negligent, you have the right to seek compensation. 

The knowledgeable attorneys at Morgan and Morgan have a thirty-year history of fighting successfully for our clients. When you hire us, we will work diligently to hold the at-fault parties responsible for the loss of your loved one. 

Don’t wait. Fill out the easy-to-use contact form on our website to arrange a legal case evaluation today. At Morgan & Morgan, we are ready to fight for you.