Charlotte Wrongful Death Attorney

Following the death of a loved one due to the negligence of someone else, family members often need legal help. The Law Offices of Estwanik & May PLLC is a Charlotte law firm that helps family members recover compensation under North Carolina wrongful death law.

What is wrongful death?

Wrongful death occurs when someone else’s negligence (action or inaction) results in the death of another person. The law requires that the negligent party owed a responsibility (explicit or implied) and the party’s failure to live up to that responsibility caused death.  In North Carolina, some of the most common causes of wrongful death include auto accidents, medical malpractice, trucking accidents, work injuries and defective products.

Wrongful death statistics

Of the 30,797 fatal traffic crashes reported in 2009 by the National Highway Traffic Safety Administration (NHTSA). Many were accidental deaths—and some of these accidental deaths could also be considered wrongful deaths, especially in cases involving drunk driving, DUI or DWI. Another example of wrongful death involves cases of poisoning; mortality rates in the United States increased each year from 1999 to 2004, rising 62.5% during the 5-year period as reported by the Centers for Disease Control (CDC).

North Carolina wrongful death recoverable damages

Under North Carolina statutes, a wrongful act, neglect, or default of another that causes death makes the person or entity liable to legal action for damages.

• Recoverable damages that wrongful death attorneys can pursue include:
• Expenses for care, treatment, and hospitalization for the injury resulting in death
• Compensation for the decedent's pain and suffering
• Reasonable funeral expenses
• Reasonably expected—
  • Net income
  • Services, protection, care and assistance
  • Society, companionship, comfort, guidance, kindly offices, and advice
  • Other damages that the jury awards

The North Carolina statute of limitations (lawsuit filing deadline) is two years from the date of death.  It can take time to gather the evidence your case needs to prove wrongful death, so you should contact a personal injury law firm as soon as you suspect wrongful death.

Contact our Charlotte wrongful death lawyers today

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Estwanik & May, PLLC represents clients over a wide geographical area, including the following cities:

We also offer legal guidance to residents of the following counties:

Our personal injury and criminal defense lawyers offer representation throughout the state of North Carolina. To speak with an experienced Charlotte injury attorney, fill out this quick contact form or call us at (704) 754-8098 (English) or 704-900-2850 (Spanish).