The death of a loved one due to another party’s negligence or reckless behavior is one of the most painful events that a family can endure. An experienced Lincolnton wrongful death lawyer can help surviving family members understand their legal rights and determine whether the negligent actions, unsafe conditions, or otherwise preventable errors of others played a role in the fatal incident.
Roberts Law Firm, P.A., has significant experience managing sensitive, high-stakes cases involving serious or fatal injuries. Our firm prioritizes diligent investigation, clear communication, and thoughtful guidance rooted in North Carolina’s wrongful death statutes.
At Roberts Law Firm, P.A., our personal injury attorneys and legal team are dedicated to providing clients with the legal representation and support they need.
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Roberts Law Firm, P.A. has the resources and experience needed to carefully manage wrongful death cases, which require significant documentation and strategic legal decision-making. Attorneys in our firm know how to evaluate accident reports, medical evidence, professional opinions, and financial records to assess the overall impact of a preventable death.
We have relationships with economic, accident reconstruction, and medical professionals who can help us build strong, evidence-based claims for our clients. Our firm has a longstanding reputation for being both diligent and clear in its guidance to families who are facing an emotionally and legally complex situation.
In general terms, a wrongful death is the death of a person that is caused by the negligent actions or failure to act of another individual or entity. In North Carolina, wrongful death cases may result from motor vehicle crashes, hazardous conditions on property, medical malpractice, workplace accidents, and dangerous products. When fatal motor vehicle crashes are involved, an experienced Lincolnton car accident lawyer can help investigate how the collision led to a wrongful death.
A wrongful death action allows certain surviving family members to pursue financial compensation for economic and personal losses related to the death of their loved one. Thorough evaluation of these claims requires a comprehensive review of the evidence, a liability assessment, and confirmation that all avenues for recovery have been considered. Because deadlines apply, many families also need guidance on North Carolina personal injury time limits, which can affect when a wrongful death case must be filed.
Litigating a wrongful death claim hinges on documentation related to the event that can help explain the sequence of events that led up to it and determine who might bear responsibility. Attorneys commonly review police reports, medical records, witness statements, professional assessments, and video surveillance footage.
Financial information may also be examined to determine the decedent’s earning capacity and potential long-term contributions to their family or household. The quality of the claim depends on how diligently this information is gathered and analyzed. Relevant evidence can demonstrate fault and substantiate the family’s claim for damages associated with their loss.
A wrongful death claim can address damages that attempt to quantify the economic and personal losses the death has caused the family. Losses for medical and funeral expenses, lost income, lost future earning capacity, and lost services can be addressed. Resources that discuss the average settlement in North Carolina can offer helpful context for understanding how courts and insurers evaluate similar categories of damages.
North Carolina also permits recovery of intangible losses, such as loss of companionship, guidance, and emotional support. Punitive damages may also be possible in appropriate cases where the conduct at issue was especially reckless or outrageous. Calculating damages depends on how economic losses and long-term impacts are assessed through financial data, medical information, and individual family factors.
Lincolnton wrongful death cases resulting from events along major thoroughfares like NC-27 or US-321 often warrant additional focus on traffic patterns, roadway geometry, and commercial activity in that area. Crashes, occupational accidents, or other dangerous conditions on property may be attributable to local business practices or municipal factors that increase liability.
Establishing how local conditions affected the events that took place can be a critical component of a claim. Location-specific investigation is necessary to make sure that the applicable agencies, witnesses, and evidence are identified so the family’s case can be presented with a full understanding of Lincolnton’s landscape.
Fatalities can happen any day, and they have become increasingly common, particularly in traffic accidents. In 2023, 40,901 people died in traffic crashes. Accidents account for a significant portion of deaths among people under 45 years of age, constituting 44% of total fatalities in the age group of 18 to 44 years.
Many other families face the sudden death of a loved one due to defective products, dangerous conditions, medical mistakes, or hazards on the job.
In North Carolina, the personal representative of the decedent’s estate must bring wrongful death claims on behalf of the family members who may recover from the estate if the claim is successful. Most often, this means a surviving spouse, children, or parents, though there are exceptions.
The representative manages the preparation and filing of documentation, coordinates the investigation and information-gathering, and facilitates communication between the family and other parties.
The wrongful death statute is found in N.C. Gen. Stat. § 28A-18-2, which governs who may recover and what types of damages may be recovered. In the statute, specific losses are mentioned, including medical expenses, funeral and burial costs, lost income, and losses associated with loss of companionship and support.
It is important to read and understand the language of this law to determine whether a claim can be brought and how damages may be assessed.
The losses may include economic harms, such as medical bills, funeral expenses, and lost income. In addition, there may be non-economic damages, including loss of consortium, companionship, and support. The impact of the loss on those who were financially or emotionally dependent may also be long-term. Punitive damages may be available in some cases as well, where the conduct was particularly reckless.
A wrongful death can leave a family facing financial strain, uncertainty, and profound grief. A consultation with Roberts Law Firm, P.A., can help clarify available legal options and important deadlines. During this difficult time, you can hire a wrongful death lawyer to pursue informed, compassionate representation. Book a consultation with our skilled Lincolnton team today.