Taylorsville Wrongful Death Lawyer

Taylorsville Wrongful Death Attorney

In the face of unspeakable tragedy, seeking justice and compensation for the wrongful death of a loved one is an extremely difficult task. It is also an incredibly important one. A Taylorsville wrongful death lawyer from Law Office of Lyndon R. Helton, PLLC, can guide the people of Taylorsville and the surrounding areas through the detail-oriented legal process required to pursue a wrongful death claim in North Carolina.

If you need help with a wrongful death action, please know that our seasoned wrongful death attorneys can handle even the most complex wrongful death cases with precision, compassion, and the utmost skill, providing powerful legal strategies and valuable advice at every step. Our steadfast dedication to seeking results frees you, the client, to focus on what really matters: healing and being there for your family.

Understanding Wrongful Death Claims in North Carolina

Wrongful death cases are difficult and emotionally draining, to say the very least. It can be a hard topic just to research in the wake of a traumatic incident that has taken a loved one from you. It is essential, however, to empower yourself with a clear understanding of the process before filing a wrongful death claim.

Before delving into some of the specifics regarding Taylorsville, NC, wrongful death cases, it’s a good idea to start with a solid basic understanding of what wrongful death is. This can allow you to better understand how North Carolina, specifically, handles these cases.

What Is Wrongful Death?

Wrongful death is typically a type of legal claim that arises when a person dies due to the negligence or misconduct of another party. North Carolina and many other jurisdictions have a legal framework in place that allows for surviving family members, such as children, spouses, or parents, to seek compensation for this loss.

When there are no surviving relatives who qualify to file the wrongful death claim, an authorized agent may be able to pursue a wrongful death suit on behalf of the decedent–or, more technically, on behalf of their estate. This agent would be a trusted third party who is approved by the court to act in the interests of a deceased person’s estate, somewhat similar to the executor of a will.

In North Carolina, there are several important legal concepts that you should understand and keep in mind when preparing to file a wrongful death claim:

• Statute of Limitations – As with just about any other type of claim, wrongful death claims are subject to a rigid timeframe for filing, known as the statute of limitations. In North Carolina, a wrongful death claim typically needs to be filed within two years of the date of the death in question.
• Evaluating Recoverable Damages – North Carolina allows survivors to seek compensation for various types of damages, including medical expenses, funeral costs, and loss of earnings, as well as less tangible damages like emotional suffering. Law Office of Lyndon R. Helton, PLLC, can help you accurately evaluate the full extent of the damages you should be seeking–and then fight for every dime.
• Qualifying Beneficiaries – Not just any grieving relative can file a wrongful death claim. North Carolina law specifies who can bring such matters before the court. Typically, spouses, children, and parents of the deceased are the primary beneficiaries. A qualified wrongful death attorney can help you determine your eligibility for filing a claim.

The Role of a Taylorsville Wrongful Death Lawyer

As with any other legal matter, you can theoretically file a wrongful death claim on your own without the help of an attorney. Due to the complexity of these cases, however, and the tendency of defendants to fight back hard against the prospect of large settlements, having the qualified and reputable wrongful death lawyers from Law Office of Lyndon R. Helton, PLLC, on your side from the start is highly advisable. A good attorney can provide invaluable assistance in every phase of your wrongful death case, including:

• Investigation – We have the skills and resources to get a comprehensive picture of the circumstances surrounding the wrongful death. From this solid factual foundation, we can build and implement a powerful legal strategy for seeking justice.
• Negotiation – Seeing justice served does not always require a lengthy and expensive court trial. Our team can skillfully and assertively negotiate with the responsible party, their legal representation, and any involved insurance carriers to secure a fair (and swift) settlement outside of court when possible.
• Litigation – In cases where a settlement cannot be reached by working collaboratively with the other involved parties, we are prepared to take your case to court. Once there, we can fight to honor your loved one’s memory and provide for the family they leave behind by seeking recompense for their untimely demise in the form of a significant judgment for damages.
• Compassion and Confidentiality at Every Step – We understand the intense emotional aspect of wrongful death cases, and we are here to make this extremely challenging time a little easier. We can offer reliable and compassionate advice from a responsive and accessible legal team.

Common Types of Wrongful Death Cases

At Law Office of Lyndon R. Helton, PLLC, we understand that every wrongful death case is unique. This is why we rely on our skills and legal training to develop fully customized strategies that take into account the specific details of each case.

Some of the different forms of wrongful death cases that we are available to take on in Taylorsville, NC, include:

• Medical Malpractice – While wrongful death cases involving medical care can be further complicated by specific regulations and patient-provider agreements, you can seek restitution for a death caused by negligence or malfeasance that occurs in a hospital or other professional healthcare setting. In fact, healthcare providers carry substantial insurance policies for medical malpractice incidents, and many prefer to settle these issues as quickly and quietly as possible due to the publicity factor.
• Car Accidents – Wrongful deaths can all too commonly be the result of car accidents. Law Office of Lyndon R. Helton, PLLC, can evaluate your case to determine whether the circumstances of a fatal automobile accident meet the criteria for a wrongful death claim.
• Injuries Resulting in Death – When another party’s negligence or wrongdoing causes a serious injury that eventually but directly leads to a fatality, that party can be held responsible in a court of law. They could be the proprietor of an unsafe establishment, an abusive employer, a careless doctor, or the perpetrator of an assault.

FAQs

Q: What Constitutes Wrongful Death in NC?

A: In North Carolina, a wrongful death occurs when someone dies as a result of the negligence, recklessness, or deliberate action of another party. This can encompass a broad range of scenarios, including: 

• A major car accident
• Someone in a hospital being fatally administered the wrong medication
• Criminal activities

To succeed in a wrongful death claim, it’s essential to have sufficient evidence and testimony to demonstrate that the defendant’s actions directly led to the death in question.

Q: Who Can Sue for Wrongful Death in North Carolina?

A: The law in North Carolina designates specific individuals who are eligible to bring a wrongful death claim to court. Typically, the deceased person’s spouse, children, or parents would be the parties with the primary right to file such a claim. If there are no such surviving family members, other family members or an agent of the estate may be eligible. Consult with a qualified attorney if you are unsure whether you are eligible to file a wrongful death claim.

Q: How Are Wrongful Death Settlements Paid Out in North Carolina?

A: Wrongful death settlements in North Carolina are typically paid out to the eligible beneficiaries in a manner that is proportionate to the loss suffered. The court will consider various factors here, such as:

• The decedent’s contributions to the family
• The direct financial impact of the death
• The emotional suffering endured by the beneficiary or beneficiaries

Q: How Long Do You Have to File a Wrongful Death Claim in NC?

A: In North Carolina, the statute of limitations for filing a wrongful death suit is 2 years from the date of the death. Certain cases with very specific circumstances may be subject to additional rules, so it’s crucial to consult with a knowledgeable attorney if you have any uncertainties about the timeline for filing your claim.

Contact Law Office of Lyndon R. Helton, PLLC, for Powerful Legal Help With Your Taylorsville, NC, Wrongful Death Case

The loss of a loved one due to a wrongful death is one of the most devastating experiences a human being can endure. Please know that you do not have to go through the process of seeking justice alone. These intense and difficult-to-navigate situations call for a law firm that offers a compassionate, human business model in addition to sharply honed legal skills.

The entire team at Law Office of Lyndon R. Helton, PLLC, is fully dedicated to serving the people of Taylorsville in their times of greatest need. If you need a Taylorsville wrongful death lawyer who is compassionate, intimately familiar with the local courts and has a record of success, we’re here for you. Contact us today for a confidential, no-pressure consultation. We know we can never bring back what you’ve lost, but we can help you seek justice and compensation so that you and your family can move forward.