We represent clients who have lost parents, spouses, children, and even unborn children in any type of motor vehicle accident:
- Car accidents
- Trucking accidents
- Motorcycle accidents
- Bicycle accidents
- Train/light rail accidents
- Hit-and-run accidents
- Drunk driving accidents
- Distracted driver accidents
- Workplace auto accidents
- School bus accidents
- Uninsured/Underinsured accidents
For those who are mourning the loss of a loved one, a wrongful death claim is extremely serious and can be emotionally wrenching. Only the most experienced and focused legal team should handle this type of case. Our lawyers know that negligent drivers should pay for the damages caused by their irresponsibility. We will help you obtain the compensation you deserve for your losses.
How Often Do Fatal Traffic Collisions Occur In North Carolina?
Fatal collisions are devastating. Not only does a person lose their life in a fatal crash, but their family members are left suffering from the loss. When we turn to data available from the North Carolina Department of Transportation, we can see that there were more than 281,000 total vehicle collisions across the state during the latest reporting year of data. Out of these incidents, there were 1,442 total fatalities.
Data from the NCDOT shows that there are various causes of fatal vehicle crashes, with some of the most common being the following:
- Alcohol-impaired crashes – 411 fatalities
- Speed related crashes – 312 fatalities
- Lane departure crashes – 754 fatalities
- Distracted driving crashes – 121 fatalities
Proving Liability In The Aftermath Of A Fatal Car Accident
Proving liability in the aftermath of a fatal car accident can be incredibly complicated. Often, family members and the personal representative of the deceased person need to seek assistance from a skilled car accident lawyer in Charlotte for these cases. An attorney will be able to use their resources to:
- Conduct a complete investigation into the crash to prove liability, including gathering video surveillance, statements from eyewitnesses, accident reports, and more.
- Employ the assistance of accident reconstruction experts in order to show insurance carriers or jury what happened in the case.
- Work with economic and financial experts to properly calculate the total losses the estate and family members have incurred and will incur in the future.
- Negotiate with every party involved to reach a fair settlement on behalf of the estate and the family.
Who Can File A Wrongful Death Claim In The Aftermath Of A Fatal Car Crash In Charlotte?
When we turn to North Carolina Statutes section 28A-18-2, we can see that it is the responsibility of the personal representative of the deceased person’s estate to file a wrongful death claim in court. The wrongful death claim may seek damages on behalf of both the estate and the surviving family members of the deceased.
If a deceased person had an estate plan, they likely named a personal representative within that plan. If there is no personal representative listed, the court may appoint one. Often, the personal representative is a family member of the deceased.
What Is The Time Limit To File A Wrongful Death Claim After A Fatal Car Accident In Charlotte?
North Carolina law states that wrongful death claims must be filed within two (2) years from the date of the deceased person’s death. If the personal representative of the deceased’s estate fails to file a claim within this two-year timeframe, then the estate or family members will be unlikely to receive any compensation for their loss.
There may be various types of compensation available in the aftermath of a fatal vehicle accident. This can include the following:
- Coverage of any medical expenses the deceased person incurred as a result of their final injury
- Pain and suffering the deceased incurred before passing
- Funeral and burial expenses
- Lost income the deceased would have provided family members had they not passed away
- Loss of the deceased person’s care, assistance, protection, and services
- Loss of the society, comfort, guidance, and companionship of the deceased
North Carolina Wrongful Death Lawyers
We offer free initial consultations. You can talk with one of our lawyers free of charge to learn more about a wrongful death lawsuit. Call 704-335-1500 or 800-948-0577 toll-free, or contact us online to schedule your free initial consultation.
