Statesville Wrongful Death Lawyer

Statesville Wrongful Death Attorney

After losing a loved one due to the negligent and wrongful actions of another party, you can pursue a wrongful death claim. A Statesville wrongful death lawyer at Law Office of Lyndon R. Helton, PLLC, is here to provide support and legal representation to grieving family members. We handle our client’s cases with the utmost care and sensitivity, allowing you to focus on healing as we work to bring justice to the situation.

We understand that while no amount of compensation can ever fully cover the cost of your loss, we can work tirelessly to secure the financial recovery you deserve.

What Is Considered Wrongful Death?

Wrongful death refers to the legal claim that arises when a death occurs due to the reckless, negligent, or intentional acts of another person or party. In simple terms, a wrongful death happens when someone dies as a result of someone else’s misconduct. Examples of situations that may result in a wrongful death claim include the following:

• Car accidents caused by reckless and negligent driving
• Medical malpractice resulting in a patient’s death
• Defective products that cause fatal injuries
• Criminal acts such as assault or homicide
• Accidents on unsafe premises, like slip and fall injuries

When filing a wrongful death claim in Statesville, the family members and beneficiaries of the deceased individual may have a right to recompense for the various damages they have suffered. These damages include medical expenses, funeral and burial costs, loss of income and financial support, loss of companionship, pain and suffering, and more.

To prove that a wrongful death happened, the plaintiff must show that the defendant’s actions were the cause of the deceased person’s death or the start of their decline that led to their death. This is done by establishing a duty of care, showing how this duty was breached and broken, and demonstrating how that breach led to the injuries and damages that ultimately led to death.

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

The statute of limitations on wrongful death in North Carolina is typically two years from the date of the individual’s death. This indicates that legal action must be initiated within those two years after the date of death in order for the claim to be considered valid by the court. There are exceptions to this rule, so if you have questions or concerns, speak with a trusted attorney today to learn more.

How Can a Wrongful Death Lawyer Help Me?

A wrongful death lawyer can help you in invaluable ways as you pursue a wrongful death claim. Below are specific ways they can assist clients:

• Legal Guidance: A wrongful death lawyer can explain your legal rights and options to you, including whether you have the merits to pursue a wrongful death claim or whether other types of legal action would be better suited for your case. Attorneys can provide an estimate of the potential damages you may be entitled to recover.
• Investigation: Lawyers conduct thorough investigations into the circumstances of your loved one’s death. They work to gather evidence supporting your claim, such as medical records, police reports, witness statements, professional opinions, and more. Throughout this process, they can establish liability and build a strong and detailed legal strategy to support your case.
• Negotiation and Litigation: A wrongful death lawyer will negotiate with all necessary parties on your behalf in an effort to receive a settlement that adequately compensates you for your losses. This includes conversations with at-fault parties, their legal representation, and insurance companies. They can also represent you in court, if necessary, thoroughly presenting your case in front of a judge and jury.
• Legal Advocacy: Throughout their work with you, your personal injury attorney will be your trusted legal advocate, pushing for your fair and just treatment and not accepting unfair settlement offers. No question or concern is too big or too small, and they are present to address your concerns and find clear answers and solutions.

FAQs

Q: What Are the Damages for Wrongful Death in North Carolina?

A: The damages for wrongful death in North Carolina can vary depending on the specific circumstances of the case and the losses suffered by surviving family members. Damages can include medical expenses, funeral and burial costs, loss of income, pain and suffering, and punitive damages. North Carolina law holds certain limitations on what types of damages can be recovered, so speak with a trusted attorney to learn more.

Q: To Whom Are Wrongful Death Proceeds Distributed in North Carolina?

A: The distribution of wrongful death proceeds in North Carolina is unique to each case and can be impacted by the presence of a will or other estate planning details. Typically, proceeds are distributed to the descendant’s spouse, children, or other next of kin, like parents and siblings, in proportion to their respective losses.

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

A: You typically split a wrongful death settlement in North Carolina by a hierarchical system that can award the surviving spouse, children, parents, siblings, and/or next of kin. The unique relationships of surviving family members can have an impact on the split of the wrongful death settlement as well.

Q: Who Is Eligible to Pursue a Wrongful Death Lawsuit in North Carolina?

A: The individuals who are eligible to pursue a wrongful death lawsuit in North Carolina are generally the surviving spouse, children, parents, siblings, and any other next of kin. A personal representative of the decedent’s estate can present the wrongful death claim for all the eligible beneficiaries, and if any damages are recovered, they will be distributed among the beneficiaries.

Contact a Statesville Wrongful Death Lawyer Today to Get the Care You Deserve

At Law Office of Lyndon R. Helton, PLLC, we understand that losing a loved one due to the negligence or wrongful actions of another party is one of life’s most difficult challenges. Our wrongful death lawyers are deeply committed to helping you seek justice and hold those responsible for your loss accountable. Reach out today to set up a consultation and learn how we can support you during this challenging time.

We also service many clients throughout Burke, Caldwell, and Catawba Counties.