Charlotte Wrongful Death Lawyers
Honest, dignified counsel for North Carolina families
Few things change your life like the sudden death of a close family member. When that death results from an accident, a medical error, or another person’s negligence, you may feel angry and helpless as you grieve. What happened? Could anything have been done to prevent it? Who is at fault?
Attorneys Jeff Warren and Chris Kallianos understand that you need answers. You also need strong representation from lawyers who have the compassion to listen carefully to your story and the dedication to leave no stone unturned in the search for answers. With decades of legal experience in personal injury and wrongful death cases, the attorneys at Warren & Kallianos can help you pursue maximum compensation and justice for the death of your loved one.
What Is A Wrongful Death Claim?
Under NC Gen Stat § 28A-18-2 (2016), a wrongful death occurs when “the death of a person is caused by a wrongful act, neglect or default of another, such as would, if the injured person had lived, have entitled the injured person to an action for damages.” In this claim, a personal representative can make a claim for the types of damages that the deceased may have pursued had he or she lived.
It is important to note that the statute of limitations for a claim of wrongful death in North Carolina is two years, instead of the three (3) year statute of limitations for other negligence claims.
Who May Bring a Wrongful Death Case in Court?
North Carolina law names the personal representative of the estate as the person who must file the wrongful death claim in court. If your loved one had a will, it might name the estate’s personal representative. If there was no will or if the person listed in the estate plan does not want to serve, the court will appoint a personal representative.
The personal representative brings the wrongful death claim on behalf of your loved one’s estate. Often, a surviving spouse, parent, or adult child will be named as personal representative.
What Kinds of Damages Can You Seek in a Wrongful Death Claim?
When you file a wrongful death claim, you may be able to seek damages for:
- Medical expenses related to the injury that caused death, including the costs of emergency care or hospitalization
- Funeral and burial expenses
- Compensation for the pain and suffering your loved one endured before death
- The net income your loved one could reasonably have been expected to earn if he or she had lived
- Compensation for the services, care, protection, and assistance your loved one provided to his or her family members
- Compensation for the society, care, companionship, guidance, and comfort your loved one provided to his or her family members
- Punitive damages against the at-fault party for reckless conduct resulting in death
Punitive damages are not available in every wrongful death case. Instead, a court may award punitive damages when the acts that led to the death were caused by malice or by “willful or wanton” conduct. Unlike other damages awarded in wrongful death cases, punitive damages are not intended to compensate family members for their loss. Instead, punitive damages punish the wrongdoer and send a message that such bad behavior will not be tolerated in the community.
Negligent Acts that Can Lead to Wrongful Death
A wrongful death occurs when the actions of a person or company leads to the death of another person. One way to think of a wrongful death claim is as a personal injury case in which the injured person is no longer able to bring his or her own claim to court. Because the injuries have proven fatal, a personal representative for the deceased’s estate must bring the claim instead.
Our Charlotte injury attorneys frequently help families who have lost loved ones due to:
- Car, truck, or motorcycle accidents
- Medical negligence or malpractice
- Nursing home neglect
- Construction and other workplace accidents
- Premises liability cases
In some instances, the state may file criminal charges against the person or company that caused the death. The family of the deceased person, however, may also file a civil wrongful death claim to seek damages for the untimely loss of their loved one. The two cases are separate claims, but because they can interact with one another in important ways, it is crucial to talk to an attorney about your options in a wrongful death case.
How Warren & Kallianos Can Help with Your Wrongful Death Claim
When you lose a close family member unexpectedly in an accident, the days, weeks, and even months after the accident can seem like a blur. It can be tough to put the pieces of your family’s life back together, let alone try to figure out what happened to cause such a tragedy. That’s where the experienced attorneys at Warren & Kallianos come in.
While you take the time you need to grieve, we can investigate what led to your loved one’s death, and figure out who should be held responsible. In our decades of working on these types of claims, we have seen a wide range of cases resulting from negligent and reckless conduct.
In looking out for your family’s best interests, attorneys Jeff Warren and Chris Kallianos are prepared to pursue maximum damages through a wrongful death claim to help compensate your family for losses related to the death of your loved one. Just a few of the cases we have handled successfully for families who have lost loved ones to negligence include:
- $4,500,000 settlement for a client whose pregnant wife was killed when her vehicle was hit head-on by a truck that crossed the center line in the road.
- $2,500,000 settlement for a client whose wife suffered permanent brain injury and death after a doctor failed to intubate her properly.
- $1,500,000 settlement for client whose infant child died after losing all kidney function due to surgical error.
- $918,815.25 jury verdict for a client whose husband was killed by a cab driver who had not been fired even after threatening to harm the man on a previous occasion.
At Warren & Kallianos, we will pursue all compensation that may be available to you and your family after the loss of your loved one. And there is no need for you to worry about paying us upfront. We take these types of cases on a contingency fee basis, meaning you do not owe us any legal fees unless and until we recover compensation for you and your family.
Experienced Charlotte Wrongful Death Lawyers Help You Protect Your Family
We know that no amount of money will bring back your loved one. We also know last thing you should have to deal with while grieving is how you will manage to keep a roof over your head, or pay for your children’s healthcare. At Warren & Kallianos, we help keep families together. To schedule a free consultation, please call 704-275-5593 or fill out our contact form.