Matthews Wrongful Death Lawyer

Wrongful Death Attorney in Matthews, NC

The emotional devastation a family feels after losing a loved one due to someone’s negligence can take a toll, both emotionally and financially. If you feel your loved one’s death could have been prevented, you may be able to collect compensation from the at-fault party. If so, a Matthews, NC wrongful death lawyer can help. Recoverable expenses include medical bills, funeral expenses, pain and suffering, and loss of financial support for survivors.

Hire a Wrongful Death Lawyer with Proven Success

A Matthews personal injury lawyer from DAS Law Group, P.A. can assist you today. With more than 100 years of combined experience, our legal team has all the necessary resources, knowledge, and tools to handle your case effectively.

Wrongful Death Cases

Wrongful death is a term used to describe a range of circumstances that include medical malpractice, negligence, and other intentional wrongful acts. Some common instances of fatal accidents that often result in wrongful death cases are:

• Fatal motor vehicle accidents
• Fatal commercial truck accidents
• Fatal accidents involving defective or dangerous products
• Fatal incidents of medical malpractice
• Hospital negligence
• Nursing home negligence
• Premises liability accidents
• Death caused by a violent crime such as homicide, assault, battery, vehicular, or manslaughter

In 2024, North Carolina’s fatal and serious traffic accidents resulted in approximately $72 billion in economic and quality-of-life damages, as reported by TRIP, a Washington, D.C.-based transportation research nonprofit. This figure comprises $17.9 billion in direct economic losses and $54.1 billion in costs associated with shortened lifespans, permanent disabilities, and suffering.

Wrongful Death in North Carolina

In North Carolina, wrongful death claims must be filed within the estate administration of the deceased. This can only be done by the executor of the estate. North Carolina does not allow surviving family members or the spouse of the deceased to file a wrongful death claim on behalf of their loved one. Due to intestate laws, though, with more than 50% of North Carolina residents being married, settlements are typically distributed to the deceased individual’s spouse.

In some cases, the deceased individual has a will in place with an executor named to oversee the administration of their estate in the event of their death. In many cases, though, there is no will in place, and no executor designated to handle the estate of the deceased individual. This is where it can get complicated, and a Matthew’s wrongful death attorney can be helpful to a family seeking compensation for the damages incurred by their loved one’s wrongful death.

Benefits of Hiring a Matthews Wrongful Death Attorney

It is essential that you hire a wrongful death lawyer to assist you with your case, especially if there’s no executor named to carry out estate administration. A wrongful death attorney can assist in determining an executor of the estate, administering the estate, and filing a wrongful death claim. Below are some steps a Matthew personal injury lawyer can assist with:

• Appointing a personal representative.
• Investigating causation. It is important to gather evidence regarding what caused the accident. This may include police reports, testimonies by witnesses or professional third parties, and medical records.
• Following the legal timeline. North Carolina has a two-year statute of limitations law for wrongful death cases. It means you have two years to file your case.
• Filing properly. Filing a claim is subject to strict conditional terms. For cases in Matthews, North Carolina, the wrongful death claim must be filed with the Clerk of Court of Mecklenburg County Estates Division, Suite 3720, at the Mecklenburg County Courthouse located at 832 E. 4th Street, Charlotte, NC.
• Negotiating or litigating. If negotiations with the insurance company are unsuccessful, the case may proceed to a jury trial, where a skilled attorney can effectively litigate to secure an optimal settlement for your case.
• Distributing settlement. Detailed reports of estate and settlement payouts must be submitted to the court by a bonded representative.

Why Choose Us?

DAS Law Group, P.A., has a comprehensive understanding of wrongful death laws in North Carolina. These laws can be complicated and confusing. We know how to apply the laws to every unique case we represent. We protect the rights of our clients and work hard to get them the settlements they deserve. We have the experience and the skills to fight for your wrongful death claim.

FAQs About Wrongful Death Lawsuits

What Is the Average Wrongful Death Settlement In Matthews, NC?

There is no average amount for wrongful death settlements in NC. Every case is different, and settlement amounts are based on factors such as the severity of the accident and medical complications that occurred before the death that contributed to medical expenses. Other contributing factors include varying legal fees lawyers charge and investigative costs, if necessary.

What Are the Odds of Winning a Wrongful Death Lawsuit?

There are no definitive odds for winning a wrongful death lawsuit. The chances of a plaintiff winning a wrongful death claim can be improved by factors such as evidence and the quality of legal support. If there is enough supporting evidence to prove a wrongful death occurred, the chances of winning are fairly good. In cases that do not include a great deal of evidence, the chance of winning can be lowered.

Who Can File a Wrongful Death Lawsuit in Matthews, NC?

An executor of the deceased’s estate is the only person who is allowed to file a wrongful death lawsuit in North Carolina. In the event there is no will, an executor of the estate must be designated to oversee the administration of the estate, file the wrongful death claim, and handle the distribution of the estate, as well as the settlement, if one is awarded. A personal injury lawyer can help to carry out the necessary steps to file a wrongful death lawsuit.

Who Gets the Money in a Wrongful Death Lawsuit in Matthews, NC?

In Matthews, the money awarded in a wrongful death lawsuit is distributed according to the state’s intestate laws when there is no will. This prioritizes the deceased party’s spouse, then the children of the deceased, then the deceased individual’s parents, or the next of kin. A court may have the final say in the event of a dispute in order to ensure a fair distribution of the compensation. If the deceased did leave a will, the settlement is distributed accordingly.

Connect With a Matthews, NC Wrongful Death Attorney

If you’re looking for representation for a wrongful death claim following the death of your loved one or if you just have questions, DAS Law Group, P.A., can help. Contact us and speak to a member of our knowledgeable personal injury and wrongful death legal team.