Home » Charlotte Wrongful Death Lawyer

Charlotte Wrongful Death Lawyer

If you’ve experienced the tragic death of a family member in an accident in Charlotte, NC, now is the time to call Chandler Volta Personal Injury Lawyers at (704) 980-9999. Your family has rights, which can include the ability to take legal action in pursuit of compensation for your costs and suffering. Our experienced Charlotte wrongful death lawyers are here to help you fight for maximum financial recovery.

Families across North Carolina trust Chandler Volta Personal Injury Lawyers because we’re compassionate, experienced civil litigators with a proven ability to win tough cases. Backed by more than 32 years of collective experience, our award-winning team has forced powerful defendants to pay tens of millions of dollars in settlements and jury awards.

You shouldn’t have to struggle with the tragic death of your loved one on your own. Contact our Charlotte law office to discover how we can help. Your first case assessment is free.

How Chandler Volta Personal Injury Lawyers Helps Families After the Wrongful Death of a Family Member in Charlotte, NC

Chandler Volta Personal Injury Lawyers is a personal injury law firm in Charlotte, NC near you

Losing a close family member is never easy. It can be so much more difficult when their death is the result of negligence or criminal activity. Fortunately, you have the ability to demand justice for your loss. Hiring an experienced Charlotte personal injury lawyer can help you level the playing field against tough adversaries and increase the odds of maximizing your financial recovery.

Choosing Chandler Volta Personal Injury Lawyers means working with award-winning North Carolina trial attorneys who will genuinely care about you, your story, and your future. Our client-driven representation and top-tier results are just a couple of reasons why we’re recognized by Super Lawyers, the Million Dollar Advocates Forum, the National Trial Lawyers, and Business North Carolina’s Legal Elite.

We know you’re going through an incredibly difficult time, which is why our team is prepared to handle every aspect of your civil wrongful death claim.

You can count on us to:

  • Coordinate a prompt and thorough investigation into your loved one’s untimely death
  • Gather relevant evidence – including medical records, accident reports, forensics records, and witness statements – that can help us build a compelling legal claim on your family’s behalf
  • Bring in expert witnesses to collaborate with our legal team throughout the claims process
  • Represent you and your family during negotiations with the defense
  • Determine the best way to defend against claims of contributory negligence that would prevent a financial recovery
  • Actively seek the best possible terms in a settlement agreement on your behalf
  • Provide support and advice when you’re asked to accept or reject a settlement offer
  • Bring your family’s wrongful death lawsuit to a jury in Mecklenburg County if the defense will not take responsibility for your loss

We represent grieving families in Charlotte on a contingency fee basis. Simply put, you pay nothing for our law firm’s help unless we recover compensation for your wrongful death claim. If we win your case, our fees will be deducted from your financial award, so there’s no out-of-pocket cost to get the help you need.

Contact our law office in Charlotte, North Carolina today to discuss your wrongful death case with our team. Your first consultation is absolutely free.

What is Wrongful Death?

Wrongful death is defined in NC General Statutes § 28A-18-2 as “the death of a person is caused by a wrongful act, neglect or default of another” that, if the victim had survived, they would have had the right to bring a personal injury lawsuit for damages.

At Chandler Volta Personal Injury Lawyers, we advocate for families who’ve experienced the wrongful death of close family members as a result of:

If your loved one was recently killed because of another person’s negligent or wrongful actions, now is the time to contact our wrongful death attorneys in Charlotte for help. We will listen to your story, help you understand your legal rights, and be there to support you every step of the way as we fight to get compensation for your loss.

Who Can File a Wrongful Death Claim in Charlotte?

While some states allow a decedent’s family members to file a wrongful death lawsuit on their own, that’s not the case in North Carolina. Instead, state law requires the personal representative of the victim’s estate to file a claim on the surviving family members.

When damages are awarded through a settlement or jury verdict, they do not become part of the estate. Rather, they are awarded in accordance with North Carolina’s wrongful death law.

Damages are distributed as follows, with the parties at the top receiving priority:

  • Surviving spouse
  • Children
  • Grandchildren
  • Parent(s)
  • Sibling(s)

The amount of damages each family member can expect will depend on which family members survive the victim.

What Benefits Can Be Recovered Through a North Carolina Wrongful Death Claim?

Wrongful death claims are different from other types of personal injury claims in many ways. One of the most obvious involves the types of damages that can be awarded to surviving family members.

In North Carolina, the plaintiff in a wrongful death lawsuit can request compensatory damages – including both economic and non-economic awards – for:

  • Expenses and bills related to the decedent’s hospitalization and medical treatment for the injuries that ultimately caused their death
  • The decedent’s pain and suffering
  • Funeral expenses 
  • The present value of the decedent’s net income that’s lost because of their death
  • The value of services, protection, care, and assistance the decedent provided
  • Lost value of society, companionship, comfort, guidance, advice, and support 

If your family is not offered a fair settlement during negotiations, you have the option of taking your wrongful death lawsuit to trial. In these situations, a Charlotte jury will have the ability to award punitive damages, which are intended to punish the defendant for particularly bad behavior. In North Carolina, a punitive damages award can only be awarded if clear and convincing evidence is found that the defendant acted intentionally or consciously disregarded the victim’s safety.

Our wrongful death lawyers in Charlotte will work closely with experts, including forensic accountants and other financial specialists, to ensure that we accurately assess your damages and are able to calculate what your wrongful death claim is worth. When we attempt to negotiate a settlement, we’ll accept nothing less than your family deserves for its unbearable loss.

Can the Decedent’s Shared Fault Limit a Family’s Ability to Recover a Wrongful Death Settlement?

Unfortunately, yes. North Carolina is one of a handful of states to adopt a pure contributory negligence system. As a result, shared fault for an accident, injury, or death is a complete bar to recovering compensation.

So, if your loved one contributed to their fatal accident or injuries in any way, it will prevent your family from recovering compensation through a wrongful death claim. This is true even if their shared fault is just one percent.

Insurance companies and at-fault parties want to shift fault to avoid taking financial responsibility for your loved one’s death. Many times, claims of contributory negligence are made without any evidence to support them. Our Charlotte wrongful death attorneys can anticipate these tactics and work hard to prevent them from hurting your chances of getting compensation. We’ll work to disprove witness testimony and offer evidence of our own that demonstrates your loved one’s lack of liability.

What is the Statute of Limitations on Wrongful Death Lawsuits in North Carolina?

When you’ve experienced the wrongful death of a close family member in Charlotte, North Carolina, the personal representative has up to two years to formally seek damages in a personal injury lawsuit.

North Carolina’s statute of limitations has few exceptions, most often involving situations where the cause of a person’s death is concealed fraudulently.

If your wrongful death lawsuit isn’t filed within the applicable timeframe, your family will miss the opportunity to demand justice for your devastating loss.

Schedule a Free Consultation With an Experienced Charlotte Wrongful Death Lawyer

Even though you’ve experienced an unimaginable loss, you don’t have to navigate the consequences on your own. Chandler Volta Personal Injury Lawyers is here to help you take action and hold the guilty party responsible for their actions.

Our Charlotte wrongful death lawyers have over 32 years of combined experience fighting for injury victims and families across the state of North Carolina. As award-winning litigators, we’ve successfully won $35 million (and counting) in settlement agreements and jury awards.

Whether you’re taking on a hospital, a manufacturer, an employer, an insurance company, or a government agency, we’ll be there to level the playing field and help you maximize your recovery.

Contact our law office in Charlotte, NC to schedule a complimentary case evaluation now.

Our personal injury law firm in Charlotte also provides: