Gastonia Wrongful Death Lawyer

Wrongful Death Attorney in Gastonia, NC

Losing a loved one is one of the most difficult experiences an individual will face in their lifetime. When the loss is that of a family’s primary wage earner, it can cause extreme financial difficulty, alongside the emotional stress of their death. In accident cases caused by another party’s negligence or reckless behavior, family members of the deceased may be entitled to compensation. A skilled Gastonia wrongful death lawyer can offer legal guidance and support.

Tragedy can occur when it is least expected. Wrongful death claims are a balance between our compassion for our clients and our aggressive pursuit of justice for the responsible party in a wrongful death case. Losing a loved one can have an emotional and financial impact on a family.

We understand what our grieving clients are going through during the proceedings of a wrongful death lawsuit. Our attorneys have advocated for wrongful death accidents relating to motor vehicles, product liability, medical malpractice, and nursing home negligence.

Common Types of Wrongful Death Cases We Handle

Wrongful death claims occur when someone dies as a result of the negligence or reckless behavior of another individual or entity, and the family members of that deceased person seek compensation.

The process surrounding wrongful death claims can be extremely complicated, and it can be wise to have an attorney on your side who has experience handling these cases. At Roberts Law Firm, P.A., our Gastonia wrongful death attorneys have experience handling the following types of wrongful death cases:

• Medical malpractice. When an individual places their trust in doctors, nurses, and the overall hospital system, and that trust is betrayed through negligence, grave and even fatal errors can take place. Fatal mistakes might include a failure to provide necessary care, prescribing an incorrect medication or dosage, or failing to diagnose a condition such as cancer. In these cases, family members have the right to file for wrongful death.
• Workplace accidents. In North Carolina, employers must provide workers with a safe working environment. When a fatal work accident occurs, such as a fall from a great height or being crushed by machinery, an attorney from Roberts Law Firm, P.A., can assist you and your loved ones in bringing a wrongful death claim against your deceased family member’s employer.
• Motorized vehicle accidents. When a driver operates their vehicle with negligence or recklessness, such as in the case of a drunk driver, and a fatal accident occurs, the family members of the deceased can enlist an attorney to help them file a wrongful death claim against the liable driver and recover certain forms of compensation.
• Nursing home abuse. Nursing homes like Belaire Healthcare Center and their employees have a duty to protect and care for the individuals residing in their facilities. In some cases, negligence or even abuse can arise in nursing homes, and the vulnerable and elderly residents can suffer harm or even death.

In these situations, the family members of these elderly residents may have the ability to pursue a wrongful death claim against the nursing home facility.

Who Can File a Wrongful Death Claim in NC?

According to N.C.G.S. 28A-18-2, only the personal representative of the decedent’s estate can file a wrongful death claim. This court-appointed representative, often a spouse or close family member, can pursue a claim to benefit surviving beneficiaries. They can’t file a claim directly as an individual heir.

According to N.C.G.S. 1-53, you have two years from the date of the death to file a wrongful death claim. If you’re on the fence about whether or not to file, don’t wait until this deadline approaches. Consult a wrongful death attorney now regarding your options. It makes more sense to file a claim now, while all the details of the accident or attack are still clear in everyone’s minds, than it does to put off filing due to indecision.

What You Can Expect From the Team at Roberts Law Firm, P.A.

Losing a loved one in an accident caused by the fault of another party is a devastating experience. At Roberts Law Firm, P.A., we have helped family members of deceased individuals recover compensation and justice for over 40 years and are ready to do the same for you. You can expect us to focus on the legalities of your case so that you and your loved ones can properly grieve and recover from the loss. When you work with our team, you can expect us to:

• Conduct an investigation into the death
• Uncover evidence to support your claim
• Consult with possible witnesses
• Handle all communications with the at-fault party, their insurance companies, and their legal teams
• Aggressively support your rights in court litigation if the need arises

Reasons to Hire a Wrongful Death Lawyer

Unintentional injury was the number three cause of death in 2024, causing 197,449 fatalities. The fact that the fatal injuries were unintentional does not mean that those left behind do not have any recourse. In many cases, they can hire a wrongful death lawyer to help them file a claim against the liable person or party. A Gastonia wrongful death attorney can help you with:

• Paperwork
• Evidence collection
• Determining liability
• Negotiating with insurance companies
• Courtroom representation

Hiring a lawyer is a great way to improve your chances of receiving fair compensation for your loved one’s death.

FAQs

What Happens if You Lose a Wrongful Death Case?

If you lose a wrongful death case, you will be unable to recover compensation to cover expenses and compensable losses. You can file an appeal, but only if there were legal errors made in the original trial that led to your losing the case. Ask your wrongful death lawyer whether you have the grounds to file an appeal.

What Are the Four Things Needed to Prove Negligence?

The four things needed to prove negligence are duty of care, an obligation that one person has to act in a certain way toward another; breach of duty, a failure to meet that obligation; causation, meaning the failure led directly to your loved one’s death; and damages, meaning you suffered compensable losses as a result of the death.

What Qualifies as a Wrongful Death?

Things that qualify as a wrongful death include fatalities caused by another person’s intentional acts or negligence. Wrongful deaths don’t just occur when a person is killed during the commission of a crime. They can also happen due to negligence, as is often the case during car accidents. Basically, if another person is responsible for your loved one’s death, you may have occasion to file a wrongful death claim.

What Is the Difference Between Negligence and Malpractice?

The difference between negligence and malpractice is that, while the first term can be applied to anyone, the second applies only to people acting in a professional capacity, usually doctors. Medical malpractice is sometimes referred to as medical negligence. It occurs when doctors fail to uphold the accepted standard of care in their fields, which leads to an injury to or the death of a patient.

Contact Our Lawyers to Discuss Your Wrongful Death Case

The death of a primary wage earner creates additional stress and fear for the future of remaining family members and dependents. Death claim benefits are typically paid in installments based on the salary that the deceased employee earned. There are caps on the duration of time that families or dependents can receive benefits from a death claim.

Although the grieving process can be complicated and stressful following the death of a loved one on the job, do not wait to file a death claim.  At Roberts Law Firm, P.A., we are ready to listen to your family’s concerns following the death of a loved one. Contact our attorneys today for a free initial consultation.

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