Salisbury Wrongful Death Lawyer

Salisbury Wrongful Death Attorney

When tragedy strikes in Salisbury, it can be hard to focus on anything beyond your loss. If another person’s negligence caused your loved one’s death, state law allows your family to take legal action through a wrongful death claim. A Salisbury wrongful death lawyer can provide steady guidance during this painful time.

Wrongful death cases in Salisbury are generally handled in the Rowan County civil court system. Partnering with a local attorney ensures your claim is managed by someone who understands the judges, procedures, and community you call home.

Hire a Wrongful Death Lawyer

Unexpectedly losing a loved one can leave you paralyzed with grief. You may be worried about how you can pay for funeral expenses or day-to-day expenses. With over 30 years of experience, The Law Office of William T. Corbett, Jr., P.L.L.C. understands what you are going through and is ready to fight to get you a fair settlement. When you hire a wrongful death lawyer, you want one well-versed in both negotiations and litigation to represent your interests.

Accidental Death Prevalence

The U.S. Centers for Disease Control and Prevention tracks deaths yearly under numerous categories. Accidental deaths were the third most common cause of death in 2023. In their National Vital Statistics Report, accidental deaths accounted for 7.2% of all deaths in the country. Overall, there were 222,698 accidental deaths.

In 2023, the NC Department of Health and Human Services, North Carolina Injury & Violence Prevention Branch, reported 11,705 injury deaths. Accidental deaths can occur under various circumstances as we go about our day-to-day lives. Common causes of accidental deaths include:

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

Evidence Needed in a Wrongful Death Claim

Since the burden of proof falls on the plaintiff in a wrongful death case in North Carolina, it is important to gather strong, credible evidence to present. An experienced Salisbury wrongful death attorney knows which evidence can be most impactful. Overall, the evidence needed includes:

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

Recoverable Damages in a Wrongful Death Case in North Carolina

A wrongful death claim can only be brought against the negligent party following an accident if damages were incurred by the affected party. Several categories of damages can be sought during a wrongful death case as described by the North Carolina Wrongful Death Act. These categories include:

• Reimbursement of medical expenses related to the accident, including hospitalization and treatments
• Reasonable funeral expenses
• Pain and suffering experienced by the victim
• Monetary value of the victim’s projected net income
• Loss of companionship, guidance, and support that the victim provided to surviving family members
• Punitive damages for causing the wrongful death through negligence, willful injury, or malicious acts, including damages the victim could have claimed had they survived the accident
• Nominal compensation also awarded by a jury at its discretion.

FAQs

What Is the Burden of Proof for a Wrongful Death Claim in North Carolina?

The burden of proof for a wrongful death claim in North Carolina lies with the plaintiff. Because it is a civil case, they must show that the defendant’s actions or inactions were more likely than not the reason for the accident that caused the victim’s death. This is known as a preponderance of evidence. The plaintiff must also show that the accident directly caused damages to the victim or the victim’s family.

How Long Do You Have to File a Wrongful Death Claim in North Carolina?

In North Carolina, the statute of limitations to file a wrongful death claim is two years from the date of death. Under limited circumstances, a claim can be filed later than two years after the death, but that is not generally allowed. Only the personal representative of the decedent can initiate a wrongful death claim. If no personal representative was named, a surviving family member can petition the court to be named as the personal representative.

How Do You Win a Wrongful Death Claim in North Carolina?

To win a wrongful death claim in North Carolina, you have to prove the four elements of a wrongful death claim. You have to prove the defendant had a duty of care, that duty of care was breached, death occurred as a result of the breach, and damages occurred. You also have to prove that the decedent did not contribute to the accident under North Carolina’s contributory negligence laws.

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

Settlement amounts for a wrongful death claim in North Carolina vary with the unique circumstances of the wrongful death case. Factors that influence the settlement amount include the cause of death, the victim’s economic damages, and the victim’s family’s pain and suffering as a result of the death. There may also be insurance policy limits on the highest settlement limit. At trial, a jury may award punitive damages or optional nominal compensation.

Who Can File a Wrongful Death Claim in North Carolina?

In North Carolina, only the decedent’s personal representative can file a wrongful death claim on behalf of the victim’s estate. If the decedent had a will, the personal representative should be named in the will. If the decedent did not have a will, the court appoints a personal representative. If the wrongful death claim results in a settlement, the settlement does not go to the estate but to the family members based on North Carolina’s intestate succession laws.

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

Experiencing a loss is never easy, but you shouldn’t have to struggle alone because of someone else’s wrongdoing. A wrongful death attorney can help you file a claim and guide you throughout the civil justice process. Contact The Law Office of William T. Corbett, Jr., P.L.L.C. today to schedule your initial consultation.