Wrongful Death in Ballantyne
Filing a wrongful death lawsuit can be a very emotional, stressful and confusing experience, but it doesn’t have to be. Enlist the expertise of Thomas Bumgardner, and he’ll guide you and your family through the entire process. We will provide with the aggressive representation you need during this dramatic time.
If you have experienced the unexpected, sudden loss of a loved one in an accident, and you believe that it was caused by another person’s wrongdoing or recklessness, you may be entitled to take legal action against the responsible party. In North Carolina, there are statues that govern Charlotte wrongful death attorney claims, allowing lawsuits to be brought by the surviving spouse, children or parents of a decedent or the decedent’s estate.
Seeking Justice for Your Loved One? Contact us today at (704) 870-4779 for a free consultation and let us fight for the compensation you deserve.
By filing a wrongful death claim against the negligent person, company or entity, surviving family members can recover compensation to help with non-unforeseen expenses and grievances. Damages that may be recovered for wrongful death or fatal accident claims include:
- Compensation for Medical and Funeral Expenses
- Loss of Future Earnings and Financial Support
- Loss of Love
- Support and Guidance
- Punitive Damages
Every wrongful death claim is different, and a jury will determine the amount of damages that may be awarded based on the circumstances of the victim’s death, the victim’s income and expected future earnings and the non-economic losses suffered by each eligible survivor.
Understanding Wrongful Death Laws in North Carolina
Losing a loved one due to someone else’s negligence is devastating. North Carolina has specific laws in place to help families seek justice and compensation.
Here’s what you need to know:
- Who Can File a Wrongful Death Lawsuit?
In North Carolina, a wrongful death claim must be filed by the personal representative of the deceased person’s estate. This is often a close family member, such as a spouse, child, or parent, but it can also be someone appointed by the court. - Time Limits for Filing a Claim
The statute of limitations for a wrongful death lawsuit in North Carolina is two years from the date of death. If a claim is not filed within this timeframe, the family may lose their right to seek compensation. - What Damages Can Be Recovered?
Families may receive compensation for:- Medical expenses related to the injury
- Funeral and burial costs
- Lost wages and benefits the deceased would have earned
- Loss of companionship, guidance, and emotional support
- Punitive damages in cases of extreme negligence or wrongdoing
Common Causes of Wrongful Death
Wrongful death can result from many different types of accidents, including:
- Car Accidents – Speeding, reckless driving, distracted driving, and DUI-related crashes frequently cause fatal accidents.
- Medical Malpractice – Errors such as misdiagnosis, surgical mistakes, or medication errors can lead to wrongful death.
- Workplace Accidents – Construction site falls, industrial accidents, and unsafe working conditions can result in fatal injuries.
- Defective Products – Faulty equipment, dangerous drugs, or defective auto parts can cause life-threatening harm.
- Nursing Home Neglect or Abuse – Elderly individuals may suffer fatal injuries due to neglect, falls, or lack of medical care.
How to Prove Negligence in a Wrongful Death Case
To succeed in a wrongful death claim, you must prove the following:
- Duty of Care – The responsible party had a duty to act safely and prevent harm.
- Breach of Duty – They failed to uphold this duty through negligence or recklessness.
- Causation – Their actions directly led to the death.
- Damages – The family suffered emotional and financial losses as a result.
A skilled wrongful death attorney can help gather evidence and build a strong case for your claim.
Seeking Justice for Your Loved One
Losing a loved one due to someone else's negligence or intentional actions is a devastating experience. At Law Office of Thomas D. Bumgardner, PLLC, we understand the pain and grief you are going through, and we are here to help you seek justice for your loved one.
Our experienced wrongful death attorneys in Charlotte, NC are dedicated to holding responsible parties accountable for their actions and obtaining the compensation you deserve. We will guide you through the legal process with compassion and professionalism, ensuring that your rights are protected every step of the way.
Why choose us for your wrongful death case:
- Extensive experience: Our attorneys have years of experience handling wrongful death cases and have a deep understanding of the complexities involved.
- Personalized attention: We believe in providing personalized attention to each client, taking the time to listen to your story and understand your unique circumstances.
- Aggressive representation: We will fight tirelessly on your behalf, using our legal expertise and resources to build a strong case and pursue maximum compensation.
- Compassionate support: We know that this is a difficult time for you and your family, and we are here to provide the emotional support and guidance you need throughout the legal process.
- Proven track record: Our firm has a proven track record of success in obtaining favorable outcomes for our clients in wrongful death cases.
While no amount of compensation can bring back your loved one, pursuing a wrongful death claim can provide financial support for medical expenses, funeral costs, lost income, and other damages. It can also hold the responsible party accountable and prevent similar tragedies from happening to others.
Don't Wait to Take Legal Action! Contact us now at (704) 870-4779 to discuss your wrongful death case with our experienced attorneys.
Frequently Asked Questions About Wrongful Death Lawsuits
Losing a loved one is overwhelming, and legal questions can add to the stress. Here are some common questions families have about wrongful death cases in North Carolina:
How is a wrongful death case different from a criminal case?
- A wrongful death lawsuit is a civil case, meaning it seeks financial compensation for the family. A criminal case, on the other hand, is pursued by the state and can result in penalties like jail time. Even if the responsible party is not convicted of a crime, you can still file a wrongful death lawsuit.
What if my loved one was partially at fault for the accident?
- North Carolina follows contributory negligence laws, meaning if your loved one was even 1% at fault, you may not be able to recover damages. However, an attorney can help evaluate the case and explore legal options.
Can a wrongful death lawsuit be filed if no criminal charges were filed?
- Yes. A wrongful death claim is separate from any criminal charges. Even if no one is arrested or charged, you can still pursue civil action against the responsible party.
What if the responsible party doesn’t have insurance or assets?
- If the at-fault party has no insurance or limited assets, recovering compensation can be challenging. However, other options may be available, such as filing against an employer, business, or insurance policy that may cover the damages.
How long does a wrongful death lawsuit take?
- The timeline varies. Some cases settle in a few months, while others take years, especially if they go to trial. Factors include the complexity of the case, negotiations, and court schedules.
Will I have to go to court?
- Not necessarily. Many wrongful death cases settle out of court, but if a fair settlement isn’t offered, your attorney may recommend going to trial to seek the compensation you deserve.
How much does it cost to hire a wrongful death attorney?
- Most wrongful death attorneys work on a contingency fee basis, meaning you don’t pay anything upfront—they only get paid if they win your case.
Helping Charlotte with Wrongful Death Attorney Claims
The Law Office of Thomas D. Bumgardner, PLLC understands the needs of a grieving family and will work tirelessly to ensure that you gain the compensation you need and deserve. If you have lost a loved one in a fatal accident or as the result of negligent medical care, our attorneys can represent your best interests against the parties at fault and their insurance companies.
Your Family Deserves Justice. Contact us at (704) 870-4779 to get the legal support you need during this difficult time.
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