Shelby Wrongful Death Lawyer

Trusted Wrongful Death Attorney in Shelby, NC

Losing a loved one because of negligence is one of the most emotionally challenging experiences you can face. As you grieve this loss, taking legal action against the responsible party may seem overwhelming. However, a Shelby wrongful death lawyer can file a claim to hold that negligent party accountable. They can seek financial compensation to minimize the financial burden of this loss.

Why Choose DAS Law Group?

DAS Law Group is a team of skilled lawyers with over 100 years of combined legal experience. Our compassionate lawyers have a deep understanding of North Carolina’s wrongful death laws and the claims process. When choosing us, you can expect to work with a Shelby personal injury lawyer who understands how devastating a wrongful death is. Our firm can work tirelessly to pursue a full recovery.

An Overview of Wrongful Death Cases in North Carolina

Wrongful death claims are filed when someone’s death is a result of another party’s negligent or reckless actions. Wrongful death can involve a variety of incidents, including:

• Traffic Accidents: In 2024, 1,723 people were killed in traffic accidents, including drivers, passengers, cyclists, motorcyclists, and pedestrians. Accidents frequently occur on U.S. 280 in Shelby. Often, a negligent driver is liable in a fatal car accident case. Distracted driving, driving under the influence, and speeding are all common types of negligent actions that can result in a wrongful death case.
• Premises Liability: Premises liability accidents involve a property owner’s failure to keep their property safe for visitors. A common example is a slip and fall case, where a property owner failed to provide safe stairwells or keep their floors dry. Another example involves a property owner with insufficient security, which leads to a fatal assault.
• Medical Malpractice: Medical errors, such as surgical mistakes, critical misdiagnoses, or medication errors, can easily lead to loss of life. It is estimated that over 200,000 patients die every year due to preventable medical errors. Healthcare providers, such as individual physicians, medical centers, or hospitals, such as Atrium Health Cleveland, can be held responsible for these mistakes.
• Violent Crime: Often, violent acts, such as battery, can result in death. These cases are extremely traumatic for both the victim during the experience and the family. A wrongful death claim can be filed, even if the offender is also facing criminal charges.

Compensation in a Wrongful Death Claim

While compensation cannot make up for losing a loved one, it can reduce financial hardship by covering expenses relating to the death, which can allow you to focus on your recovery. A Shelby wrongful death lawyer can explain what damages you can claim. Then, they can calculate a fair award that sufficiently covers these losses. Often, compensation is based on damages such as:

• The cost of medical bills or end-of-life care
• Funeral and burial expenses
• Property damage
• Loss of financial support from the deceased’s income or household support
• Emotional anguish
• Loss of relationships

Why You Should Hire a Wrongful Death Lawyer?

Losing someone close to you because of another person’s actions can leave you feeling alone and overwhelmed. During this difficult time, a Shelby wrongful death attorney can make the legal process easier for you. They can guide you through each step of the process and meet North Carolina’s strict filing requirements and deadlines.

One key area a lawyer can help with is gathering evidence. Wrongful death laws require you to have sufficient evidence to prove that the at-fault party was acting negligently and that this negligence directly led to the accident. A lawyer can gather evidence from the accident scene, from the police, and throughout the recovery process. Often, a lawyer:

• Takes photos and videos of the accident scene.
• Speaks with witnesses.
• Reviews video footage from dashcams or surveillance cameras.
• Obtains police reports and other incident reports.
• Speaks with medical professionals about the victim’s injuries.
• Organizes evidence of your damages, such as medical records or pay stubs.

FAQs

What Is the Statute of Limitations for a Wrongful Death Claim in North Carolina?

There is a statute of limitations of two years for wrongful death cases in North Carolina. This means a claim must be filed within two years of the date of death. Missing this deadline could jeopardize your ability to recover compensation, which is why you should hire a wrongful death lawyer as early as possible after losing a loved one.

How Much Is a Typical Wrongful Death Settlement?

Wrongful death settlements have no typical value, as the compensation amount is fully dependent on the circumstances of the death and the damages the loved ones are suffering from. Factors that often impact the settlement amount include the:

• Age of the victim
• Financial expenses resulting from the death
• Level of pain and suffering they endured
• Earning capacity of the victim
• Number of people dependent on the victim

Who Can Bring a Wrongful Death Claim in North Carolina?

The one who can file a wrongful death claim in North Carolina is the administrator or executor of the deceased person’s estate. This person is named as the executor in a will. If there is no will, the court will appoint an administrator, such as a surviving spouse or adult child. While only this person can file the claim, they do so on behalf of the surviving family members, rather than other family members having to file additional claims.

How Does North Carolina’s Contributory Negligence System Impact a Wrongful Death Claim?

North Carolina has a strict pure contributory negligence system that prohibits the surviving family from filing a claim if the victim was at all responsible for the accident. This heavily impacts the claim strategy, as the defense may argue that the victim was partially at fault to avoid providing compensation. A Shelby wrongful death attorney can build a claim that challenges potential accusations the at-fault party may bring up.

Reach Out to a Compassionate Wrongful Death Lawyer Today

Filing a claim can bring families closure, protect the value of a deceased’s estate, and minimize the financial impact of losing a loved one. Contact DAS Law Group to schedule a case consultation with our experienced wrongful death attorneys.