Shelby Wrongful Death Lawyer

Shelby Wrongful Death Attorney

Losing a loved one due to someone else’s negligence is a heartbreaking and traumatic experience. In such difficult times, it is essential to have a compassionate and experienced personal injury team on your side. At the Law Office of Lyndon R. Helton, PLLC, our Shelby wrongful death lawyer is dedicated to providing the support and guidance families need to pursue justice and secure compensation for their loss.

What Is Wrongful Death?

Wrongful death occurs when an individual’s reckless, negligent, or intentional actions lead to the death of another individual. It is a legal term used to describe a situation where the deceased’s family or estate can file a lawsuit seeking compensation for their loss.

The primary goal of a wrongful death claim is to hold the responsible party accountable and provide financial relief to the surviving family members. Compensation may cover medical expenses, funeral costs, lost income, and non-economic damages such as pain and suffering and loss of companionship.

Our Services

At our wrongful death law firm in Shelby, we offer a wide range of services to assist you in your wrongful death case. Our goal is to provide comprehensive legal support from the moment you contact us until your case is resolved. Here are some of the key services we provide:

• Thorough Investigation: We conduct comprehensive investigations to gather all necessary evidence to support your claim. This includes collecting medical records, accident reports, and witness statements.
• Expert Consultation: We work with medical and financial experts to accurately assess the full impact of your loss. These experts help quantify damages and provide testimony to strengthen your case.
• Aggressive Negotiation: Our attorneys are highly skilled negotiators who aim to reach fair settlements without the need for lengthy litigation. We strive to obtain a fair outcome while reducing stress for you.
• Court Representation: If a fair settlement cannot be reached, we are prepared to take your case to court and fight for your rights in front of a judge and jury. Our trial experience ensures that you are well-represented at every stage.

Examples of Wrongful Death Cases in Shelby, NC

Understanding the variety of wrongful death cases we handle can provide you with a clearer picture of our experience. Our firm is equipped to manage various scenarios, ensuring that families receive justice regardless of the circumstances surrounding the death.

• Medical Malpractice: Cases where negligence or errors by healthcare providers lead to death. This can include surgical mistakes, misdiagnosis, or medication errors.
• Automobile Accidents: Fatalities resulting from car, truck, motorcycle, or pedestrian accidents. We handle cases involving negligent drivers, defective vehicles, and unsafe road conditions.
• Workplace Accidents: Deaths occurring due to unsafe work conditions or employer negligence. This includes industrial accidents, construction site incidents, and exposure to hazardous materials.
• Defective Products: Cases where unsafe or faulty products cause fatal injuries. We pursue claims against manufacturers, distributors, and retailers of defective products.

Compensation in Shelby Wrongful Death Cases

Understanding the types of compensation available in wrongful death cases is crucial for families seeking justice. Different types of compensation can address various aspects of your loss, helping to alleviate financial burdens and provide a sense of closure.

• Economic Damages: These cover financial losses such as medical bills, funeral expenses, lost wages, and loss of future earnings. Economic damages primarily serve to compensate for the tangible financial impact of the death.
• Non-Economic Damages: These include restitution for pain and suffering, loss of companionship, and emotional discomfort. Non-economic damages reflect the intangible losses that come with the death of a loved one.
• Punitive Damages: In cases involving gross negligence or improper behavior (such as ‘malicious’ or ‘willful’ conduct), punitive damages may be evaluated to punish the wrongdoer and to deter similar conduct in the future. Punitive damages are awarded as a disincentive to unlawful conduct in the future.

FAQs About Shelby, NC Wrongful Death Laws

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

In North Carolina, the distribution of a wrongful death settlement is governed by the state’s intestacy laws. Generally, the settlement is divided among the deceased’s surviving spouse, children, and parents. If there are no surviving family members, the settlement may go to other relatives or the estate. Consulting with an experienced wrongful death lawyer can help clarify how the settlement will be distributed in your specific case.

What Are the Components of Wrongful Death in North Carolina?

A few key elements must be proven to establish a wrongful death claim in North Carolina: duty of care, breach of duty, causation, and damages. The plaintiff must demonstrate that the defendant had an obligation to ensure the safety and well-being of the deceased, violated that obligation by negligent or intentional actions, and directly caused the death, resulting in quantifiable damages.

An experienced wrongful death attorney can help gather the necessary evidence to support these elements.

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

In North Carolina, you have two years from the date of death to file a wrongful death lawsuit. This means that you must file your claim within this time frame to avoid losing your right to seek compensation. It is crucial to consult with a wrongful death lawyer right away to ensure all legal deadlines are met and your case is properly handled.

What Is the Difference Between a Wrongful Death Claim and a Survival Action?

A wrongful death claim is filed by the remaining living family members for their losses, such as loss of companionship and financial support. A survival action is filed on behalf of the deceased’s estate and is intended to cover damages that the deceased could have claimed, like pain and suffering before death and medical expenses. Both aim to hold the responsible party accountable but address different aspects of the loss.

Contact a Shelby Wrongful Death Lawyer

At Law Office of Lyndon R. Helton, PLLC, we are dedicated to helping families seek justice and compensation for their tragic loss. We understand the emotional and financial challenges you face, and we are here to provide the legal support and guidance you need during this difficult time. If you live in Burke County, Catawba County, Caldwell County, or the surrounding areas, contact us today for a consultation, and let us help you navigate the path to justice.