Denver Wrongful Death Lawyer

Denver Wrongful Death Attorney

The grief that follows a wrongful death can feel overwhelming, especially when it happens close to home in Denver. Families often need time to heal, but it’s also important to understand their legal rights. A Denver wrongful death lawyer can help you pursue a claim under North Carolina law and work toward a fair outcome.

Wrongful death cases from the Denver area are typically filed in Lincoln County civil court. Working with a nearby attorney means you’ll have someone who understands the community and the legal process that governs these cases.

Hire a Wrongful Death Lawyer

Living through the wrongful death of a loved one can leave you feeling numb, anxious, and angry. The Law Office of William T. Corbett, Jr., P.L.L.C., has over 30 years of experience representing clients who have been harmed by another’s negligence. When you hire a wrongful death lawyer, you want someone ready to fight for your interests through negotiations and litigation. Attorney Corbett is passionate about helping Denver residents.

Accidental Death Prevalence

The U.S. Centers for Disease Control and Prevention releases yearly reports of causes of death in the United States through its National Vital Statistics Report. In 2023, there were a total of 222,698 accidental deaths, making up 7.2% of all deaths. Accidental deaths are the third-highest cause of death in the country. The NC Department of Health and Human Services, North Carolina Injury & Violence Prevention Branch, reported 11,705 injury deaths the same year.

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

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

Proving a Wrongful Death Claim

To prove a wrongful death claim, you have to show that the claim meets the four elements of a wrongful death. These four elements are:

1. A legal duty to provide reasonable care to another party.
2. The accused failed to provide a reasonable duty of care.
3. The breach of duty had a direct impact on the accident that caused the death.
4. As a result of the breach of duty, the victim or the victim’s family suffered damages.

The Contributory Negligence Law in North Carolina

Unlike most states, North Carolina follows a contributory negligence law for personal injury cases. The legal implications of this law can make wrongful death claims more challenging. A knowledgeable Denver wrongful death attorney can help present evidence to overcome the contributory negligence law.

Contributory negligence laws prevent plaintiffs from receiving compensation if they contributed to the accident in any way. The plaintiff must therefore prove that they played no part in contributing to the accident. These challenges make it more difficult for the family members of victims to receive a fair settlement after a wrongful death without the aid of a skilled wrongful death attorney.

One exception to the contributory negligence law is the last clear chance doctrine. Under the last clear chance doctrine, if the defendant could have prevented the accident at the last clear chance but failed to do so, the plaintiff may still seek compensation even if they were partially at fault.

Evidence in a Wrongful Death Case

To show that the defendant directly contributed to the victim’s death through their negligent actions, the plaintiff has to present evidence. Common types of evidence in a wrongful death case include:

• Autopsy report
• Camera footage or photos
• Economist testimony
• Professional testimony
• Eyewitness testimony
• Family testimony or impact statements
• Income statements
• Medical records
• Physical evidence from the accident
• Police or accident reports

FAQs

What Is the Success Rate of Wrongful Death Claims in North Carolina?

The success rate of wrongful death claims in North Carolina is not tracked by any organization, but the likelihood of success depends on several factors. The strength of the evidence showing the death was due to someone’s negligence is a determining factor. If the victim was also at fault for the accident, it can impact the success rate of a claim. You will have to prove damages, which can impact the settlement amount of a case.

How Is the Money Split in a Wrongful Death Claim in North Carolina?

After a wrongful death claim in North Carolina, the settlement is split according to North Carolina’s intestate succession laws. A wrongful death claim can only be made by the decedent’s personal representative. If a settlement is awarded, the settlement goes to the decedent’s family instead of becoming part of the decedent’s estate. Typically, the settlement goes to a spouse, children, parents, or close relatives.

What Is the Average Payout for an Accidental Death Claim in North Carolina?

There is no average payout for an accidental death claim in North Carolina, as the unique factors of each case determine possible payout amounts. If the victim is found to be partially liable for the accident, it can affect a potential payout. Medical expenses, funeral expenses, and economic damages also affect the total payout amount. Pain and suffering of the victim are also considered, as well as the loss of companionship, guidance, and support for family members.

What Is the Statute of Limitations for Filing a Wrongful Death Claim in North Carolina?

The statute of limitations for filing a wrongful death claim in North Carolina is two years from the date of death. There are limited circumstances in which the statute of limitations can be extended. During the two years, the decedent’s personal representative can file a wrongful death claim with the court on behalf of the decedent’s estate.

Is It Worth It to Hire a Wrongful Death Attorney in North Carolina?

Yes, it is worth it to hire a wrongful death attorney in North Carolina. Following the sudden death of a loved one, you should have the time to properly grieve. Your attorney can investigate the accident, gather evidence, negotiate with insurance companies, file the case in court, and present the case in front of a jury if necessary.

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

As a North Carolina native, Attorney Corbett prides himself on helping fellow North Carolina residents receive the compensation they deserve after tragedy happens. Contact The Law Office of William T. Corbett, Jr., P.L.L.C. today to schedule your initial consultation.