Mt. Holly Wrongful Death Lawyer

Wrongful Death Attorney in Mt. Holly, NC

While money can never take away the pain of what happened to your loved one, pursuing compensation is a family’s legal right after a wrongful death. You and your loved ones deserve to find closure and justice for your lost family member. A skilled Mt. Holly wrongful death lawyer can help you navigate your legal case.

Hire a Wrongful Death Lawyer That Locals Trust

Attorneys Roberts and Collins of Roberts Law Firm, P.A., know how painful a death in the family can be. When that death is the fault of another person, it can be even more devastating. We offer families free consultations to discuss the details of their situation and explore the legal options available to them.

Let us be the ones to take care of your legal case. You and your family deserve to focus on grieving and your well-being during this difficult time.

What’s Considered a Wrongful Death?

In 2023, there were 222,698 deaths due to unintentional injuries in the United States. A wrongful death is any type of injury or illness that results in death due to another party’s actions. These cases are unfortunately common and can be the result of:

• Medical malpractice
• An automobile accident. In 2023, there were 327 crashes in Mount Holly. Of those crashes, there were three fatalities.
• A premises liability incident. These incidents happen as a result of the owner or occupier of a residence or business failing to reasonably maintain their property. It can happen when parts of the property are broken, hazardous materials are on the property, no security system or guards are in place, or even flip-and-fall accidents from spilled liquids.
• An intentional act, like a crime

Types of Damages Recoverable in a Wrongful Death Case in North Carolina

When a court awards a family compensation, the amount awarded is never a random number. The damages awarded are based on the specific losses suffered as a result of your loved one’s death. The types of damages that can be recovered include:

• Medical bills related to the injury or illness that led to your loved one’s passing away
• Any pain and suffering that happened before your loved one passed
• Funeral expenses

Your attorney will calculate these damages carefully, considering local statutes such as the North Carolina personal injury statute of limitations, which impacts when and how much compensation can be recovered.

Other damages can include payment for the lost income of the deceased, as well as a loss of their companionship, care, protection, and services. Families can also seek damages for the loss of their loved one’s guidance, comfort, and advice they would have provided.

Types of Evidence to Help Prove Guilt in a Wrongful Death Case

Courts make their final decisions based on the evidence provided during your case. Proof can vary, depending on the specific situation. Be sure to hire a wrongful death lawyer to explain what evidence is relevant to your case, and help you gather:

• Eyewitness testimony
• Professional opinions. Your lawyer can contact professionals to weigh in on what they believe caused your loved one’s death.
• Copies of your loved one’s medical records before they passed away
• Photos and videos of any injuries and the site where the incident happened
• Surveillance footage from surrounding businesses and residences, dashcam footage, and traffic camera footage

Your Mt. Holly, NC lawyer can help you write a clear timeline of events detailing what happened. Having accurate dates and details can help provide clarity to the Gaston County Courthouse. These cases are overseen there, located at 325 Dr. Martin Luther King Jr. Way in Gastonia.

You’ll have two years from the date of death to file your wrongful death claim. It’s important to file quickly, as witness memories can fade and evidence can be lost to time.

If you fail to fail within two years, the Gaston County Courthouse will most likely dismiss your case entirely.

FAQs

Who Can File a Wrongful Death Case in Mt. Holly?

The personal representative of the deceased person’s estate is the only one able to file a wrongful death case with the court. This person would be named in the deceased’s will. However, it’s common for there to be no will left behind. In these cases, the court will appoint someone to act as the personal representative. This can be a surviving spouse, parent, or adult child.

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

The filing party for a wrongful death case has to prove to the North Carolina court that their loved one’s death was caused directly by another party’s actions or negligence. They first have to show that the guilty party had a legal duty to act carefully towards the deceased. Second, they’ll have to show that the guilty party acted carelessly, leading to the death of the loved one. Finally, they have to prove that the family suffered losses because of the death.

What Are Punitive Damages?

Punitive damages can also be awarded in specific cases on top of the other kinds of damages. If the guilty party acted with extreme malice or reckless behavior, courts may award the family punitive damages. For example, if the guilty party assaulted your loved one or caused a crash due to extreme drunk driving, they may have to pay punitive damages to further punish and deter any similar behavior from happening in the future.

Are Wrongful Death Cases Civil or Criminal?

Wrongful death cases are considered civil, unlike a criminal case. This means that while the guilty party won’t face prison time for what happened, they’ll be required to pay money to the deceased’s estate or directly to the family left behind. In a criminal case, a person needs to be found guilty beyond a reasonable doubt. However, in civil cases, there only needs to be proof that it’s more likely than not that the guilty party caused the death.

Experienced Wrongful Death Law Firm in Mount Holly, NC

For over 40 years, the team at Roberts Law Firm, P.A., has been helping our North Carolina neighbors find the closure they need. Reach out to us today to schedule your appointment. We offer free consultations to those living in Mount Holly and surrounding cities. Our attorneys work tirelessly to help our clients seek a brighter future.