Mooresville Wrongful Death Lawyer

Mooresville Wrongful Death Attorney

The sudden loss of a loved one can be utterly devastating. When someone’s negligence is responsible for this loss, sorrow can quickly turn to anger. While no amount of money can undo the emotional loss that accompanies a loved one’s death, a Mooresville wrongful death lawyer can hold the at-fault party accountable by filing a personal injury lawsuit.

Examples of Wrongful Deaths

When someone dies of natural causes or in a truly random accident, there is no need to take legal action. Wrongful deaths specifically deal with situations where a person or group’s negligence or misconduct directly caused or led to someone’s death. When these and other examples lead to someone’s death, survivors of the deceased can take legal action in Mooresville on behalf of the estate of the decedent.

• Medical Malpractice: We place great trust and faith in our doctors and nurses. When medical professionals deviate from established standards of care and cause someone’s death, that can lead to a wrongful death lawsuit. Surgical errors, misdiagnosis, and medication errors are common examples of medical malpractice. Doctors often have their own attorneys. Having an experienced personal injury attorney is crucial when filing a lawsuit against a medical doctor. Medical malpractice cases are complex and require an understanding of what acceptable medical procedures are and which cases deviate from established standards of care.
• Car accidents: Negligent driving can cause a car accident that results in fatalities. Speeding, drunk driving, or distracted driving are common causes of negligent driving. In some cases, the at-fault driver may engage in egregious misconduct when driving.Even when the at-fault driver faces criminal charges for reckless endangerment or driving under the influence, survivors of the decedent can sue the at-fault driver with the help of a wrongful death attorney.
• Workplace accidents: Considering how much time people spend at work, it may not be a surprise that wrongful deaths can occur while people are at work. Workplace deaths can result from unsafe working conditions, inadequate training, or failure to follow safety regulations. The at-fault party could be a negligent business owner, co-worker, or even a third party who visits the worksite.
• Defective Products: Wrongful deaths can result from defective consumer products. Defective vehicles (such as those with faulty brakes or malfunctioning airbags) can lead to fatal accidents on the road. Household appliances with electrical malfunctions or structural defects may cause fires or other incidents resulting in death. Poorly designed medical devices can lead to complications that prove fatal for patients relying on them for health support.
• Criminal acts: It is not uncommon for the at-fault party to face both criminal and civil consequences for causing someone’s death. Even if the person who caused the death of your loved one is facing criminal charges, you can still consult with a wrongful death attorney to take civil action against the at-fault party.

No matter the cause of your loved one’s death, it may be worth consulting with an attorney to see if you have grounds for a wrongful death lawsuit.

What Can I Be Compensated For?

When plaintiffs file a wrongful death lawsuit with the help of an attorney, the deceased’s loved ones can receive compensation for several types of losses and damages incurred as a result of the tragic event.

Usually of immediate concern is the cost of the funeral and burial. A settlement can reimburse the plaintiffs for the costs of services and the interment process in Burke, Catawba, or Caldwell County.

Often, the decedent provided financial support for their family. In such cases, your wrongful death attorney can calculate the total financial loss suffered by the surviving loved ones, including future loss of income, when calculating a fair settlement.

Survivors may receive compensation for the loss of consortium, which includes the emotional support, companionship, and guidance that the deceased would have provided. Medical expenses accrued prior to the death may also be covered, including bills stemming from the injuries or conditions that led to the fatal incident.

Depending on the circumstances of the case, compensation for pain and suffering can also be collected. When the at-party engages in gross negligence, the plaintiffs can seek punitive damages to punish the defendant for their misconduct. Ultimately, the aim of compensation is to alleviate the financial burdens caused by the wrongful death.

Proving Fault in a Wrongful Death Case in Mooresville, NC

Proving liability in a wrongful death lawsuit typically involves demonstrating that the defendant had a duty of care to the deceased, that they breached that duty through negligence or misconduct, and that this breach directly caused the death in question.

Evidence such as witness testimony, expert opinions, medical records, and documentation of the incident are crucial in building a strong case for liability.

The burden of proving guilt falls on the plaintiff, and the plaintiff’s attorney must demonstrate that a preponderance of the evidence shows that it is more likely than not that the defendant’s actions played a major role in causing the death of the decedent.

Benefits of Hiring a Wrongful Death Attorney in North Carolina

A wrongful death can cause significant emotional and financial hardships for surviving loved ones. Family members will have funeral services to arrange along with the challenges posed by settling the estate of the loved one.

All of those efforts will likely be tiring and time-consuming. By hiring a wrongful death attorney, you can set aside some of those burdens by letting an attorney gather evidence tied to your loved one’s death and explore legal options.

If you try to seek compensation without an attorney, you may end up settling for far less than what you are owed. A wrongful death lawyer brings years of experience helping clients receive every penny they are entitled to under state law.

The size of your eventual settlement can include compensation that accounts for more than your immediate financial losses. Pain and suffering, along with punitive damages, may be called for, depending on the facts of your case.

Your wrongful death lawyer can seek compensation while you focus on your family and settling the estate of your loved one. An attorney can also be an invaluable resource for any questions that you may have.

FAQs About Mooresville, NC Wrongful Death Laws

Who Gets the Money in a Wrongful Death Lawsuit in North Carolina?

There can be multiple plaintiffs in a wrongful death suit. Typically, the plaintiffs include surviving family members or dependents of the deceased, such as the spouse, children, parents, or other relatives who were financially or emotionally dependent on the deceased.

Each plaintiff may seek compensation for their specific losses resulting from the wrongful death. The attorney will also get money once the case is settled based on the contingency fee agreement.

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

The statute of limitations for wrongful death in North Carolina is two years. With few exceptions, any plaintiff seeking relief through the state’s civil courts must file their wrongful death lawsuit within two years of the death of the decedent.

If you lost a loved one due to someone else’s negligence or misconduct, you do not want to miss important deadlines that could prevent you from seeking compensation. Consult with an attorney to see if you are still eligible for compensation.

How Do You Split Up a Wrongful Death Settlement in North Carolina?

When seeking legal representation for a wrongful death, you may be asked to sign a contingency fee agreement. This set percentage is a fee that pays your attorney for the time and resources they put into your case. When you are awarded a settlement or jury award, your attorney will take the contingency percentage, and you will keep the remainder.

The benefit of this agreement is that you do not have to pay up-front for legal representation. Your attorney will not be paid until you are paid.

Who Can Recover for Wrongful Death in North Carolina?

A wrongful death can help you receive compensation for several types of losses and damages incurred as a result of the wrongful death. Funeral expenses and medical bills tied to the decedent’s fatal injuries can be included in a settlement.

In cases where the deceased earned an income that supported family members, a wrongful death attorney can include lost earnings (including future earnings) that the surviving loved ones were deprived of as a result of the untimely death,

Schedule A Consultation With Our Mooresville Wrongful Death Lawyers Today

A wrongful can have devastating consequences for the family and friends of the decedent. No form of litigation can undo the emotional harm that follows an unexpected death. By working with an experienced wrongful death attorney, you can undo the financial harm caused by the at-fault individual.

A settlement or jury award in your favor can ensure that justice is served, even in cases where the defendant skirts criminal charges. The Law Office of Lyndon R. Helton, PLLC, is here to help you hold the at-fault party accountable for their negligent acts.

We will carefully examine your case to make sure you receive fair compensation for your financial losses and pain and suffering. To schedule your wrongful death consultation, please contact our office today.