Troutman Wrongful Death Lawyer

Troutman Wrongful Death Attorney

Families in Troutman know that small-town life brings a strong sense of connection—which makes the loss of a loved one even harder to bear. When that loss results from negligence, a wrongful death claim can help you pursue accountability and financial stability. A Troutman wrongful death lawyer can explain your rights and handle the legal process on your behalf.

These claims are usually filed through the Iredell County civil courts in Statesville. A local attorney familiar with this process can help ensure your case moves forward efficiently.

Hire a Wrongful Death Lawyer

As a North Carolina native, Attorney Corbett fights for the rights of Troutman residents. With over 30 years of experience, The Law Office of William T. Corbett, Jr., P.L.L.C. knows how the court system works, how wrongful death laws apply to your case, and is ready to fight for your interests through negotiations or litigation. Losing a loved one is overwhelming, but you don’t have to go through the civil justice process alone.

Accidental Death Prevalence

Accidental deaths can happen at home, in the workplace, during a hospital visit, or while out in public. The NC Department of Health and Human Services, North Carolina Injury & Violence Prevention Branch, reported 11,705 injury deaths during 2023. Common causes of accidental deaths include:

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

The U.S. Centers for Disease Control and Prevention releases a yearly National Vital Statistics Report, which examines several categories of cause of death. Accidental deaths are the third leading cause of death in the United States, with 222,698 accidental deaths in 2023 making up 7.2% of all deaths.

How a Wrongful Death Attorney Can Help

Filing a wrongful death claim in North Carolina can be difficult because of specific wrongful death laws that affect who can file the claim and how fault is considered. Having a knowledgeable wrongful death attorney advocate for your rights can help increase your chances of a fair settlement.

In North Carolina, only the decedent’s personal representative can file a wrongful death claim on behalf of the decedent’s estate. If no personal representative is named, a close family member can petition the court to be named the personal representative. During a wrongful death claim, you must prove:

• The defendant had a duty of care.
• The defendant failed to provide the required duty of care.
• The failure to provide a duty of care directly resulted in the accident that caused the victim’s death.
• The victim would have, had they lived, or their family suffered damages as a result of the accident.

Following the death of a loved one, you need time to grieve their passing and celebrate their life. You should not have to negotiate with insurance companies or fight for a fair settlement in court while grieving. A knowledgeable Troutman wrongful death lawyer can represent your interests during an emotionally draining time. Your attorney can:

• Investigate the accident
• Gather evidence proving the other party’s negligence
• Gather evidence that the victim was not at fault for the accident
• Negotiate with various parties
• Communicate with insurance companies on your behalf
• File the suit in court
• Argue the case in front of a jury

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 is more likely than not. The plaintiff bears the burden of proof. What this means is that the plaintiff must present evidence that proves more likely than not that the defendant’s actions, or inability to act, directly related to the victim’s death. The plaintiff may also have to prove that the deceased was not at fault for the accident under North Carolina’s contributory negligence rule.

What Happens if You Lose a Wrongful Death Claim in North Carolina?

If you lose a wrongful death claim in North Carolina, you have the option to appeal the decision to a higher court. When you file an appeal, you are not able to present new evidence, but you can provide legal arguments as to which legal errors were made by the lower court to justify having the case revisited. If you choose not to appeal or appeal unsuccessfully, the case ends, and you don’t receive any compensation for the wrongful death.

What Is the Difference Between Wrongful Death and Medical Malpractice?

In Troutman, there are several key differences between wrongful death and medical malpractice. In a wrongful death, death occurs because of another person’s negligent actions. A wrongful death can occur under numerous circumstances. Medical malpractice occurs when a patient is harmed during a medical procedure, due to a misdiagnosis, or from improper medication. Medical malpractice does not always result in a patient’s death, unlike a wrongful death.

Who Benefits From a Wrongful Death Claim in North Carolina?

A wrongful death claim is filed by the decedent’s personal representative on behalf of the closest relatives of the victim. The purpose of a wrongful death claim is to compensate surviving family members for their loss. In general, compensation goes to the decedent’s spouse, children, parents, or closest living heir according to North Carolina’s intestate succession laws.

Does a Wrongful Death Case Always Go to Trial?

No, a wrongful death case does not always go to trial. When a case involves a large company, like an insurance company, you or your Troutman wrongful death attorney can negotiate a fair settlement agreement without the necessity of going to court. Avoiding a trial can save families the emotional turmoil of reliving their loved one’s death. It is also less time-consuming and costly to settle outside of court. Mediation and arbitration are alternatives to a trial.

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

Losing a loved one unexpectedly can leave you feeling lost in your grief and angry or frustrated with the negligence that caused the death to occur. When you need to hire a wrongful death lawyer, choose one who understands what you’re going through. Contact The Law Office of William T. Corbett, Jr., P.L.L.C. today to schedule your initial consultation.