Charlotte Wrongful Death Attorney
What Is The Deadline To File Wrongful Death Claims In Charlotte?
It is important to recognize that family members have a limited amount of time to file wrongful death claims in this state. The North Carolina wrongful death statute of limitations is two years from the date of the deceased person’s death. If family members or the representative of the deceased person’s estate failed to file a wrongful death claim within this three year time period, they will likely lose their ability to recover any compensation for their losses.
Because of this statute of limitations, it is incredibly important for anyone who thinks they have a wrongful death claim to speak to a skilled attorney as soon as possible. A Charlotte wrongful death lawyer will be able to analyze the facts of your case and work to ensure that all deadlines are met.
Call Price, Petho & Associates P.L.L.C. today at (704) 850-6322 for a free consultation about your case. We work on a contingency fee basis, and will not collect payment unless we help our clients reach a settlement.
Who Can File A Wrongful Death Claim In Charlotte?
Turning to the North Carolina Statutes section 28A-18-2, we can see that state law allows the personal representative of the deceased person’s estate to file a wrongful death claim in court. The wrongful death claim will seek damages on behalf of both the estate and the surviving family members. Often, the personal representative of the estate is going to be a family member of the deceased. If the deceased person had an approved estate plan, they would likely have named a personal representative. If the court agrees to the appointment of the personal representative, they will typically be called the executor of the estate.
If a person named in the estate plan cannot serve as the personal representative, or if there was no estate plan in place, the court will appoint an individual to serve as the personal representative. Typically this will be a surviving spouse, adult children, or parents of the deceased.
Why Is An Attorney Necessary For A Wrongful Death Claim?
Wrongful death cases can become incredibly complicated in North Carolina. Often, a wrongful death claim is going to require extensive resources in order to conduct a complete investigation to determine liability. A Charlotte wrongful death attorney will have the resources and legal experience necessary to:
- Obtain any evidence needed to prove liability. This can include video or photo surveillance of the incident that caused the death, statements from eyewitnesses, accident reports, and more.
- Work with trusted medical experts to properly determine the cause of death.
- Ensure the economic and financial experts properly calculate the total losses of the estate and family members.
- Negotiate with every party involved to reach a fair settlement on behalf of the estate and family members of the deceased.
Family members who try to handle wrongful death cases without assistance from legal counsel often find themselves overwhelmed by the attorneys of the alleged negligent party. When you secure a wrongful death lawyer in Charlotte to help with your case, you are gaining an advocate who will be on your side throughout the entire case.
Call (704) 850-6322 today to begin strategizing for your case. Consultations are free.