Charlotte Car Accident Attorney: What Families Should Know When Hiring After Fatal Injuries

The sudden loss of a loved one in a car accident is a devastating experience. Amidst the grief and emotional turmoil, families often face complex legal and financial challenges. If the accident was caused by another party’s negligence, you may have the right to pursue a wrongful death claim. Hiring a Charlotte car accident attorney with experience in wrongful death cases can provide invaluable support and guidance during this difficult time.

In 2020, Charlotte ranked as the #1 city in North Carolina based on the number of reported crashes, crash severity, and crash rates based on population, with 188 people losing their lives in fatal car accidents. If you’ve lost a loved one in a car accident in Charlotte, understanding your legal options is crucial.

Understanding Wrongful Death Claims in North Carolina

In North Carolina, a wrongful death claim can be filed when a person dies due to the negligence, recklessness, or intentional act of another party. This type of claim seeks to compensate the deceased’s family for their losses resulting from the death.

Who Can File a Wrongful Death Claim?

Under North Carolina law, only the personal representative of the deceased person’s estate can file a wrongful death lawsuit. This is typically the executor named in the will. If there is no will, the court will appoint a personal representative, often a spouse, parent, or adult child of the deceased.

Statute of Limitations

It’s crucial to be aware of the statute of limitations, which is the time limit for filing a lawsuit. In North Carolina, the statute of limitations for wrongful death claims is two years from the date of the victim’s death. Failing to file a claim within this timeframe can bar the family from pursuing compensation.

What Damages Can Be Recovered?

In a successful wrongful death case, the following types of damages may be recovered:

Medical expenses incurred by the deceased before death.
Funeral and burial expenses.
Lost wages and benefits that the deceased would have provided.
Pain and suffering endured by the deceased before death.
Loss of services, protection, care, assistance, guidance, companionship, and society.
Punitive damages, in cases of willful or malicious conduct.

Why Hire a Charlotte Car Accident Attorney After Fatal Injuries?

Navigating the legal process after a fatal car accident can be overwhelming. A Charlotte car accident attorney specializing in wrongful death claims can provide crucial assistance in several ways:

Investigating the Accident: An attorney can conduct a thorough investigation to determine the cause of the accident and identify all liable parties. This may involve gathering evidence such as police reports, witness statements, and accident reconstruction analysis.
Dealing with Insurance Companies: Insurance companies often try to minimize payouts in wrongful death cases. An attorney can handle all communications with the insurance company and negotiate a fair settlement on your behalf.
Filing a Lawsuit: If a fair settlement cannot be reached, an attorney can file a wrongful death lawsuit and represent you in court.
Providing Legal Guidance: An attorney can explain your legal rights and options, guide you through the legal process, and provide support during this difficult time.
Calculating Damages: An attorney can help you calculate the full extent of your losses, including economic and non-economic damages, to ensure that you receive fair compensation.

What to Look for in a Charlotte Car Accident Attorney

When choosing a Charlotte car accident attorney to handle a wrongful death case, consider the following factors:

Experience: Look for an attorney with extensive experience in handling wrongful death cases arising from car accidents.
Specialization: Choose an attorney who specializes in personal injury and wrongful death law.
Reputation: Check the attorney’s reviews and ratings online to get an idea of their reputation and client satisfaction.
Communication: Select an attorney who communicates clearly, is responsive to your questions, and keeps you informed about the progress of your case.
Compassion: Find an attorney who is compassionate and understanding of the emotional challenges you are facing.

Understanding Attorney Fees

Most Charlotte car accident attorneys work on a contingency fee basis. This means that you do not pay any upfront fees. Instead, the attorney will receive a percentage of your settlement or court award. Contingency fees typically range from 33% to 40% of the total recovery. If the attorney does not win your case, you do not owe them any fees.

Seeking Support and Healing

In addition to legal assistance, it’s essential to seek emotional support and healing after the loss of a loved one. Charlotte offers various resources for grief support, including:

GriefShare: GriefShare connects you with others who understand your grief. They offer support groups that meet weekly in Charlotte.
Novant Health Hospice & Supportive Care: This organization sponsors free counseling and support groups for anyone dealing with the death of a loved one.
Carolina Caring: Provides grief counseling and support groups throughout Charlotte and western North Carolina.
Psychology Today: This website offers a directory of grief group therapy and support groups in Charlotte.

Losing a loved one in a car accident is a painful experience. While navigating the legal complexities of a wrongful death claim can be challenging, a Charlotte car accident attorney can provide the guidance and support you need. Remember to prioritize your emotional well-being and seek grief support to help you through this difficult time.