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Our Wrongful Death Attorney in Charlotte will provide an honest and thorough evaluation of your case. We fight for individuals and families who have suffered the loss of a loved one Charlotte Car Accident Lawyers Group is without a doubt one of the best firms in the state. Call us at 980-239-2275.
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▪ First thing’s first, it is important to understand exactly what wrongful death means. By definition, wrongful death means: ▪ “A death caused by the wrongful act or neglect of another, either accidentally or intentionally.” ▪ It could be an oversight by a production company that led to loss of life by consumers or maybe the doctor made a mistake that led to disability or death. ▪ What is interesting is that it is considered a civil case and not a criminal act. This is because even with intentional actions that result in death, the focus is more on the loss of life than the criminal intent, if any. ▪ Perpetrators of the wrongful death suit do not usually face jail time due to the fact that it is a civil case. Instead, if found liable they are required to pay some form of compensation determined by the court.
▪ We have already established that a wrongful death is the one caused by negligence or wrongful acts. A wrongful death claim is therefore a civil lawsuit launched against the individual or group that is believed to have been responsible for the possibly preventable incident. ▪ There are 4 key pillars that give merit to a wrongful death claim. The first is negligence, in which case there must be proof that the accused’s recklessness resulted in the death. ▪ The second major element is causation, which means that the act of negligence must be directly related to the death. This means proving that the death would most likely not have occurred or occurred as it did if the actions of the potentially liable party were absent. ▪ The third key element in a wrongful death claim is the breach of duty. Here, it is important to establish responsibility of care and protection by the defendant. For example, a doctor is expected to care competently for their patient. Law enforcement officers are expected to protect civilians and so on. ▪ Finally, a wrongful death claim is only legitimate if there is proof of damages. This refers to what the person making the claim lost. This includes both economic and non-economic losses, as we will discuss shortly.
▪ Not just anyone can make a compensation claim when it comes to wrongful death suits. Usually, the claim is filed by the deceased spouse or their dependents. ▪ In the case of the latter, a personal representative will actually be the one to file the claim especially if the dependents are underage. The representative may be an estate administrator or official guardian stipulated in the deceased person’s will. ▪ However, if there was no will, then the court will assign a personal representative who may either be a blood relative or a friend. This process involves vetting to establish the most appropriate individuals who will put the beneficiaries’ needs first. ▪ Whoever is chosen will then work with the Charlotte wrongful death attorney throughout the case for the deceased’s justice.
