According to extensive social science research, losing a loved one is one of the most stressful experiences a person can have. When that loss is sudden, the strain can be even harder to manage. An unexpected loss not only brings on overwhelming grief, but also initiates multiple financial and practical matters that must be attended to at the worst time as you move through the grieving process.
If the loss of a loved one occurs due to the negligence or wrongful acts of another party, surviving family members may be entitled to compensation in the form of a wrongful death lawsuit. Charlotte wrongful death lawyers can file legal actions that can help families receive compensation for their loss, which in turn can help them cover the expenses and loss of income that result when someone dies unexpectedly.
What is considered to be a wrongful death?
The term wrongful death is used to describe loss of life that took place due to the actions of another party. Those actions must either be performed with the intent to cause harm, or from negligence. Some cases of wrongful death are easier to prove than others, but a skilled attorney can determine if the specifics of your case meet the legal standard for wrongful death.
What are some common causes of wrongful death?
Many different circumstances can lead to a wrongful death. Some scenarios are very clear-cut, while others can be far more complicated. Some of the more common causes of wrongful death in North Carolina include:
When a loved one dies while in the care of a doctor or hospital, a medical malpractice suit can help recover damages. There are numerous ways these types of death occur. In some cases, a surgical error or anesthesia mistake cause loss of life. In other instances, a seemingly minor error in prescribing medication, diagnosing disease or planning treatment can lead to a death.
While not every car accident involves negligence, there are many cases where a driver or vehicle owner failed to take the proper precautions to avoid a fatal accident. Speeding, reckless driving, or driving under the influence are all clear examples. But even less obvious factors like failing to properly maintain a vehicle, failing to adjust driving to changing road conditions, or even texting while driving can be the basis of a wrongful death case.
Employers have an obligation to provide a safe environment for workers. When that obligation is not met and a worker loses his or her life, a wrongful death suit can not only compensate surviving loved ones but can also lead to changes in how the workplace is managed, which can prevent future loss for workers and their families. Failing to properly maintain equipment, not providing adequate training or safety gear, and forcing workers to exceed safe working hours are all common causes of fatal workplace accidents.
Product manufacturers are expected to adhere to industry safety standards and regulations that ensure their products won’t cause harm to consumers or the public in general. Unfortunately, not all manufacturers take those obligations seriously. When a product creates dangers that lead to loss of life, loved ones can seek legal recourse through a wrongful death suit.
Nursing home abuse or neglect
Choosing the right residential care facility for a loved one can be incredibly stressful, and family members often spend considerable time and effort searching for just the right nursing home. When conditions in a residential care facility create an unsafe living environment, elderly residents can sustain serious or even fatal injuries. Intentional abuse is also a far-too-common event within nursing homes.
When should I seek legal counsel for wrongful death?
If you’ve lost a loved one and suspect that the death took place as a result of negligence or wrongful acts, reach out to experienced Charlotte wrongful death lawyers as soon as possible. There are rules that outline how long surviving family members have to file a wrongful death case. Also, gathering evidence is always easier close to the time of death rather than many months later. When you meet with an attorney for the first time be prepared to share the details of your loss, and to take notes on the guidance provided by the legal team. You’ll receive all the information needed to make an informed decision about how to proceed, and what to expect in the event you choose to move forward with a wrongful death lawsuit.