Davidson Wrongful Death Lawyer

Davidson Wrongful Death Attorney

Losing a loved in because of someone else’s negligence can make an already difficult loss even more gut-wrenching. However, North Carolina’s wrongful death laws allow families to seek justice through a civil claim, and a Davidson wrongful death lawyer can guide you through the process with compassion and experience.

Davidson residents typically file wrongful death claims through the Mecklenburg County civil court system. Having an attorney who understands the local procedures and judges’ expectations can help ensure your case moves forward efficiently.

Hire a Wrongful Death Lawyer

With more than 30 years of experience, The Law Office of William T. Corbett, Jr., P.L.L.C. knows wrongful death laws and how to represent your interests during negotiations or litigation. As a North Carolina native, William T. Corbett is passionate about fighting for the rights of Davidson residents.

Accidental Death Prevalence

An accidental death can happen under many circumstances. Some common causes include:

• Car accidents
• Commercial vehicle accidents
• Motorcycle accidents
• Bike accidents
• Truck accidents
• Pedestrian collisions
• Falls
• Construction site accidents
• Dangerous or defective products
• Firearm accidents
• Drowning
• Smoke, fire, and flames
• Accidental poisoning
• Medical malpractice

The U.S. Centers for Disease Control and Prevention tracks deaths in the United States under several categories. In their National Vital Statistics Report for 2023, there were a total of 222,698 accidental deaths reported, the third highest cause of death in the country. Accidental deaths accounted for 7.2% of all total deaths. The NC Department of Health and Human Services, North Carolina Injury & Violence Prevention Branch, reported 11,705 injury deaths in 2023.

Elements of a Wrongful Death Claim

To prove a wrongful death claim, you must first prove that the accident was caused by another person’s negligent actions. This includes proving that the negligent party’s actions or inaction caused the death and that the negligent party failed to act as a reasonable person would. The four elements of a wrongful death are:

1. Duty. The negligent party owed the victim an obligation to act with reasonable care to ensure their safety.
2. Breach of duty. Once a duty to act has been established, it is necessary to show that the negligent party failed to uphold that duty. The breach can occur through action or inaction.
3. Causation. There has to be a direct link between the breach of duty and the victim’s death.
4. Damages. There must be proof of the losses sustained by the victim’s death. Losses can include monetary losses as well as pain and suffering.

Wrongful Death in North Carolina

Under North Carolina law, a wrongful death claim must generally be filed within two years of the victim’s death. This type of claim is considered a specific form of personal injury action created by statute under N.C. Gen. Stat. § 28A-18-2. It allows:

• The personal representative to bring the same claim the victim could have pursued if they had survived, and
• The victim’s family to recover damages caused by the death itself.

If a settlement is awarded to the decedent’s family following a wrongful death case, that settlement goes to the victim’s spouse, children, parents, or closest living relative according to North Carolina’s intestate succession laws. The only exceptions are:

• The decedent’s personal representative can seek reimbursement for costs related to filing the wrongful death claim.
• Up to half of the settlement could be used to pay outstanding medical bills.

FAQs

How Much Does a Lawyer Charge for a Wrongful Death Claim in North Carolina?

While there is no set rate for a wrongful death claim in North Carolina, most attorneys charge a contingency fee when representing a wrongful death claim. The contingency fee is a predetermined percentage of any settlement awarded in the case. A contingency fee is paid at the end of the case only if a settlement is awarded. If no settlement is awarded, then there is no payment collected.

What Is the Average Settlement for a Wrongful Death in North Carolina?

There is no average settlement amount for a wrongful death claim in North Carolina. Several factors can influence the settlement amount. The decedent’s income and earning potential, the severity of the negligence, economic damages, emotional suffering of family members and the victim, number of dependents, and insurance policy limits all influence the final settlement amount.

What Is the Contributory Negligence Rule in North Carolina?

North Carolina follows a contributory negligence rule in personal injury cases. Under contributory negligence, if the plaintiff shares any fault for the accident, they may be unable to seek compensation. In a wrongful death case, the decedent’s personal representative may be unable to file a wrongful death claim if the deceased was partially at fault for the accident. The burden of proof falls on the plaintiff to prove they were not at fault.

What Are the Odds of Winning a Wrongful Death Case in North Carolina?

The odds of winning a wrongful death case in North Carolina rely on several factors. Having an experienced wrongful death attorney can help gather evidence and recommend an appropriate strategy. The strength of your evidence and the ability to prove negligence are essential to winning the case. Following the contributory negligence rule, if the victim contributed to the accident, it can affect the outcome of a wrongful death claim.

Who Can File a Claim for Wrongful Death in North Carolina?

In North Carolina, the only person who can file a claim for a wrongful death is the decedent’s personal representative. If the decedent had a will, the person named in the will as the personal representative has the authority to initiate a wrongful death claim. If the decedent did not have a will, the courts name a personal representative for the decedent who then has the authority to initiate a wrongful death claim.

Contact The Law Office of William T. Corbett, Jr., P.L.L.C.

When you’ve experienced the loss of a loved one due to someone else’s negligent actions, you need an advocate ready to fight for your right to fair compensation. You shouldn’t have to struggle with funeral expenses while mourning your loss. Contact The Law Office of William T. Corbett, Jr., P.L.L.C. today to schedule your initial consultation and hire a wrongful death lawyer ready to serve you with compassion.