Belmont Wrongful Death Lawyer

Wrongful Death Attorney in Belmont, NC

Grieving family members deserve to be able to find closure after the death of a loved one. For those who passed because of the negligence of another person, finding that closure can feel impossible. Working with a skilled Belmont wrongful death lawyer can make your legal case easier to navigate and help you start the healing journey.

Many wrongful death cases stem from serious accidents such as car crashes or construction site incidents. If your loved one’s death was caused by a negligent driver, a Belmont car accident lawyer can help investigate the cause and pursue rightful compensation.

Hire a Wrongful Death Lawyer That You Can Trust

For over 40 years, Roberts Law Firm, P.A., has helped North and South Carolina residents secure the compensation they deserve. Attorneys Collins and Roberts understand the pain involved when a loved one passes away. It’s normal to feel anger towards the responsible party, and seeking compensation is your legal right.

We’re proud to offer Belmont residents free consultations to discuss the unique details of their situation. From there, we’ll give transparent legal guidance so you can make informed decisions regarding your case.

What Is a Wrongful Death Case?

There were 222,698 deaths in 2023 in the United States due to unintentional injuries. These deaths often happen because of another’s carelessness. In North Carolina, if someone dies because of another person, the person’s estate may be able to file a wrongful death claim. In Belmont, this would be filed at the Gaston County Courthouse, located at 325 Dr. Martin Luther King Jr. Way in Gastonia.

This type of case was designed to hold the responsible party financially accountable for the harm that caused the death. A wrongful death can result from many situations, such as:

• A car accident. In 2023, there were two car crash fatalities in Belmont.
• Premises liability. This is when the owner of a property or the person occupying it fails to reasonably maintain the residence, resulting in injuries to others. It can include businesses and residences.
• Medical malpractice
• An intentional act like a crime

In many cases, these tragic deaths stem from personal injury incidents. Families who have lost loved ones may benefit from consulting a Belmont personal injury lawyer to explore every possible legal avenue for recovery.

The party responsible for your loved one’s death doesn’t face jail time in this kind of case. Instead, they may be required to pay money, called damages, to the deceased person’s estate or family.

It’s important to hire a wrongful death lawyer to represent you during legal proceedings. Luckily, in a wrongful death case, showing that someone was responsible for the death only needs to be proven to be more likely than not that the defendant caused the death. In a criminal case, they would need to be found guilty beyond a reasonable doubt.

Who Can File a Wrongful Death Case in North Carolina?

In North Carolina, the only person who can file a wrongful death claim is the personal representative of the deceased person’s estate. The deceased person’s will generally name this person. If there is no will, the court will appoint someone else to act as the personal representative. This is often a:

• Surviving spouse
• Parent
• Adult child

The time limit to file a wrongful death claim in North Carolina is two years from the date of death. While this timeline may seem long, it’s important to file as soon as possible. Evidence typically fades quickly, making it difficult to preserve. Understanding North Carolina’s filing deadlines is crucial. Missing the statutory window can bar recovery, which is why knowing how the state’s personal injury statute of limitations applies to wrongful death claims is essential.

In Belmont, NC If you don’t file within the proper deadline, courts will most likely dismiss your case, and you won’t be able to recover any compensation.

Types of Damages You Can Recover

If a wrongful death claim is successful, the court may award damages to cover losses related to the death. Any money recovered first goes to reimburse the estate for those expenses, then to pay attorney fees. The remaining money is distributed to the deceased’s family members. The types of damages that can be recovered in a wrongful death case include:

• Medical and hospital costs related to the injury that led to death
• The deceased person’s pain and suffering before they died
• Funeral expenses
• Punitive damages if the person’s death was caused by malicious or extremely reckless conduct—these damages are used to further punish the guilty party and deter any similar behavior in the future.

Damages can also be sought for the financial value of the person’s life to their surviving family, including:

• Lost income
• Services
• Care and protection
• Companionship
• Guidance, comfort, and advice they would have provided

FAQs

What Is the Burden of Proof in a Wrongful Death Case?

In North Carolina, the person filing the claim has the responsibility to prove that the death was caused by someone else’s actions or negligence. First, they must show that the defendant had a legal duty to act carefully toward the person who died. Second, the defendant failed to meet that duty through something they did or did not do. Third, this failure directly caused the death. Fourth, the family suffered losses because of the death.

What Types of Evidence Prove Negligence?

Extensive evidence is needed, as courts rely on it to make their final decision. Proof can include eyewitness accounts, professional opinions, medical records, and other documents. A clear timeline of what happened before the death is also important to counter any defenses the other side might raise. At Roberts Law Firm, P.A., we help clients gather and preserve evidence early in their case.

Can Multiple Parties Be Named in a Wrongful Death Case in North Carolina?

Yes, if multiple parties were responsible for your loved one’s death, they can be named in your legal claim. Doing so helps bolster your claim. If you win your case, the court may divide liability among the responsible parties based on their level of responsibility. Your lawyer will be able to assist in naming all parties and gathering evidence pointing to their culpability.

Is It Necessary to Go to Trial for a Wrongful Death Case in Belmont?

It’s not always necessary to go to trial for a wrongful death case in North Carolina. Many of these types of cases can be resolved through private settlement meetings before escalating to trial. If the opposing parties can’t agree on a fair settlement, it would then need to go to a court trial. A settlement helps keep the parties involved in maintaining control over the outcome, whereas a judge decides a trial.

Experienced Law Firm That North Carolina Residents Rely On

The team at Roberts Law Firm, P.A., puts empathy at the forefront when working with new clients. Reach out to us now to schedule your first appointment. We offer free consultations to those living in Belmont and the surrounding towns. Our attorneys work on a contingency fee basis, meaning we don’t ask for payment until we secure compensation for you.