There is no easy way to deal with the loss of a beloved family member. This is especially true when their passing was caused by an act of negligence. If you are ready to seek justice on behalf of your family member, the team at Olive, Sanchez & Associates is here to help. Call today to discuss your options with a Charlotte wrongful death lawyer.

What is a Wrongful Death Action?

A wrongful death lawsuit is a legal action filed when someone dies as a result of another person or entity’s negligence or misconduct. According to state law, this type of claim allows the surviving family members to recover for the financial and emotional losses caused by the untimely death.

Wrongful death lawsuits can arise from many types of incidents, including car accidents, truck crashes, workplace accidents, defective products, and medical malpractice. The goal is to hold the responsible party accountable and to help the surviving loved ones recover damages for funeral expenses, lost income, medical bills related to the fatal injury, and the loss of companionship and support.

Who Can File a Wrongful Death Suit in North Carolina?

The right to file a wrongful death action differs dramatically from one state to another. Some states allow the surviving relatives to file a wrongful death action directly, but that is not the case under North Carolina law. Instead, only the personal representative of the estate has the power to pursue this type of lawsuit.

The personal representative is an individual named by the probate court to handle the affairs of an estate after someone passes away. Often, they are nominated by the deceased person in their will. However, if there is no will or the person chosen is unable to fill the role, the court selects someone.

The personal representative has the power to file the lawsuit, but the proceeds are intended for the surviving heirs. In some cases, one of the heirs could be named as the representative of the estate.

Wrongful Death

A wrongful death attorney can guide families through one of the most emotionally difficult times in their lives while ensuring their legal rights are protected. They handle every aspect of the claim, from investigating the cause of death to identifying all liable parties and gathering critical evidence. Our team can answer your questions about the extent of available damages and even take the case to court when necessary. Let us handle every aspect of your case, leaving you with time to recover and grieve.

Call Olive, Sanchez & Associates Today to Learn More

If you have lost someone due to an act of negligence, Olive, Sanchez & Associates is here to help. We can advise you of your rights and help you navigate the legal system. Reach out to a Charlotte wrongful death lawyer today to learn more.