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What Kind Of Factors Are Considered In A Wrongful Death Claim?

Jun 17, 2020 Brown Moore

If you have lost a loved one due to the careless or negligent actions of another person, company, or entity, then you are undoubtedly going through an incredibly difficult period in your life. At Brown, Moore & Associates, PLLC, we are here if you need a Charlotte wrongful death attorney to help you with your case.

Is there enough evidence to file a wrongful death claim?

In order for a wrongful death claim in Charlotte to be successful, it needs to be established that the defendant (the alleged negligent party) owed a duty of care to the deceased. This duty of care will be different depending on the situation. For example, a driver owes a duty of care to others on the roadway. A property owner has a duty of care to keep those invited to their premises safe.

If a duty of care has been established, the plaintiffs in a wrongful death case need to prove that the defendant breached their duty. This can be difficult. One of the main factors in these cases is proving that the defendant was negligent. This will usually require extensive resources to thoroughly investigate a claim. Many families do not have the resources necessary to do this, which is why an attorney is so vital. A Charlotte wrongful death attorney will have the resources and legal experience necessary to handle every aspect of a case.

Paying for an attorney

The families of a person who has been wrongfully killed maybe in precarious financial situations and have trouble affording an attorney. That is why the team at Brown, Moore & Associates, PLLC takes Charlotte wrongful death cases on a contingency fee basis. This means that family members pay no upfront or out-of-pocket costs for their case and only owe legal fees after compensation is secured through a successful settlement or verdict.

The time limit to file a Charlotte wrongful death claim

In North Carolina, there is a two-year statute of limitations in place for wrongful death claims. This means that family members who have lost a loved one have a two-year window from the date of the deceased’s death to file a civil claim against an alleged negligent party. Failing to do so in this timeframe will likely result in the family being unable to recover compensation for their losses.

The amount of compensation awarded to families

If you have lost a loved one because of the actions of another person, company, or entity, you may be entitled to various types of compensation. At Brown, Moore & Associates, PLLC, our compassionate and experienced team has the resources necessary to investigate your case so we can secure the compensation you are entitled to. This can include:

  • Coverage of lost wages and benefits the deceased would have provided over their lifetime
  • Loss of companionship damages
  • Loss of consortium damages
  • Pain and suffering damages
  • Funeral and burial expenses
  • Coverage of any pre-death medical expenses

If you need a Charlotte wrongful death attorney, you can contact us for a free consultation of your case by clicking here or calling us at 800-948-0577.