The unexpected loss of a loved one has a profound impact on a family. Whether your family member provided financial support, emotional support, or both, their absence will be felt for decades to come. And when a loved one’s death was the result of another’s negligence, it only adds to the pain and frustration you experience.
At the Olsinski Law Firm, PLLC, we help grieving families pursue legal action against those responsible for their losses. Our Concord wrongful death lawyers are compassionate advocates who attentively listen to your concerns and cater our representation according to what’s important to you. Over the years, we’ve developed an effective approach that minimizes the burdens placed on you, so you can focus on moving forward despite the obvious challenges.
How Many People Are Killed in North Carolina Accidents?The North Carolina Division of Public Health keeps track of all accidental deaths in the state, a number which has consistently increased over the past several years. For example, between 2016 and 2020, the total number of preventable deaths increased 23 percent, from 7,715 to 10,028.
What Is a Concord Wrongful Death Lawsuit?In North Carolina, a wrongful death lawsuit is a legal claim brought against an individual, organization, or entity (“the defendant”) who was responsible for the death of another person. A death is “wrongful” if it was due to negligent, reckless, or deliberate actions. The main idea behind a wrongful death claim is that the death would not have occurred if not for the defendant's actions.
Unlike criminal cases where the goal is to penalize the wrongdoer, wrongful death lawsuits are civil actions aimed at providing financial restitution to the deceased's surviving family members. Grieving family members typically consult with a Concord wrongful death lawyer prior to filing a claim due to the complexities of the recovery process.
When Can You File a Wrongful Death Claim?Wrongful death claims can be filed following most fatal accidents, including:
In some cases, families of workers who died as a result of a workplace accident can pursue a third-party personal injury claim against a non-employer. However, typically, families cannot pursue a wrongful death claim against an employer and must pursue death benefits through a workers’ compensation claim instead.
Under North Carolina General Statutes § 1-53(4), a wrongful death claim must be filed within two years from the date that the victim died. Note that this may be different from the date of the accident.
Who Can File a Wrongful Death Claim in Concord, North Carolina?North Carolina General Statutes § 28A-18-2 explains who can file a wrongful death lawsuit and what damages might be available. Under § 28A-18-2 a wrongful death claim must be filed by the personal representative of the deceased person's estate. This could be an executor named in a will or an administrator appointed by the court if there was no will.
While the personal representative files the claim, any damages awarded go to the deceased accident victim’s next of kin, which can include:
The distribution of the damages is determined by North Carolina’s intestacy laws if there was no will in place at the time of the victim’s death. Otherwise, the accident victims will dictates how wrongful death damages are divided.
Have You Lost a Loved One in a Tragic Accident?If you recently lost a loved one in a preventable accident, a Concord wrongful death lawyer at the Olsinski Law Firm, PLLC can help you understand your rights. While nothing can bring back your loved one, these lawsuits may provide your family with significant compensation ensuring you don’t end up bearing the financial brunt of another’s negligence. To learn more, and to schedule a free consultation with one of our Charlotte personal injury lawyers, give us a call at 704-405-2580. You can also reach our Cabarrus County injury attorneys at 704-918-4747. We represent clients in Charlotte, Concord and Kannapolis, as well as throughout Mecklenburg, Gaston, Iredell, Rowan, and Union Counties.