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How Are Wrongful Death Settlements Calculated?

On Behalf of Christian Ayers
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Wrongful death settlements are calculated by considering numerous factors. If someone harms another party through negligence or illegal conduct, it can form the basis of a personal injury suit. The victim can seek compensation for their damages. However, if the victim does not survive, their loved ones could file a wrongful death suit instead. Charlotte wrongful death attorneys help their clients hold others accountable for the fatal accidents they cause.

Claiming Compensation for Wrongful Death in North Carolina

A wrongful death occurs whenever someone’s lack of reasonable care or intentional misconduct results in fatal injury. Pursuing a wrongful death claim will be very difficult without a trusted attorney on your side, and even if you succeed, the proceeds from your case will not replace your lost loved one. A substantial case award can, however, make adjusting to your new circumstances a bit easier.

The objective of a wrongful death suit is to hold a defendant accountable for the harm they have done. This type of civil suit mirrors a personal injury claim in several procedural aspects. However, while the purpose of a personal injury case is to obtain compensation for the victim’s damages, a wrongful death claim seeks compensation for the victim’s family.

Similar to a personal injury suit, it is possible for the plaintiff in a wrongful death claim to seek compensation for economic and non-economic damages. Economic damages are the direct financial losses resulting from the death, such as losses incurred by the estate of the deceased for final medical expenses and lost income during the victim’s attempt at recovery, funeral and burial expenses, and financial support the victim can no longer provide to their family.

Non-economic damages include the family’s pain and suffering. The surviving spouse can claim compensation for their loss of consortium and loss of affection, while surviving children can be compensated for the loss of parental companionship and guidance. If the victim did not die immediately from the fatal accident, it is also possible for the family to seek compensation for the pain and suffering they experienced prior to their death.

What is the damage cap for wrongful death in North Carolina?

How Charlotte Wrongful Death Attorneys Can Help

You may think that fault for your loved one’s death is readily apparent, but the actual process of formally proving liability in a civil case is likely to be more challenging than you expect. You may also know that you can claim compensation for the death, but you may not be fully aware of all the various forms of compensation you can include in your claim. Charlotte wrongful death attorneys not only help their clients win their cases but also maximize their case awards.

Your attorney can help gather the evidence needed to firmly establish fault for the death. They will know how to uncover all the various forms of evidence that could prove vital to your case, and once fault is established, they can help uncover every channel of compensation available to you and your family.

Every wrongful death case is unique, and every grieving family deserves a legal advocate who can answer their questions, address their concerns, and provide supportive legal counsel through the various stages of the difficult case ahead. Ayers, Whitlow & Dressler approaches every wrongful death suit our firm accepts with the goal of helping our client maximize their total case award.


Q: How Do You Prove Liability for Wrongful Death?

A: To prove liability for a wrongful death, you must follow the same framework as proving liability for a personal injury. You must identify the party or parties you believe to be responsible for the death, prove how they caused the death, and prove that the death did not happen from any other cause. The plaintiff bringing the claim will also need to prove the full extent of damages the beneficiaries of the deceased suffered because of the fatal incident.

Q: How Much Is My Wrongful Death Suit Worth in Charlotte?

A: Your Charlotte wrongful death attorney can help assess the full potential value of your impending wrongful death case. You may be entitled to more than you initially expected, and the right attorney can help you maximize your case award in the shortest timeframe possible. It’s important to note that the proceeds of a successful wrongful death claim in the state go to the beneficiaries of the deceased.

Q: Will the Defendant Go to Jail for Causing a Wrongful Death?

A: The defendant who caused a wrongful death could face criminal prosecution depending on how they caused the death. They could face charges of criminal negligence, assault, drunk driving, or a host of other possible crimes, depending on what exactly they did to cause the death. If the defendant caused the death through an intentional criminal act, jail time is just one of the possible penalties they could face if convicted in criminal court.

Q: Why Should I Hire a Charlotte Wrongful Death Attorney?

A: You should hire a Charlotte wrongful death attorney because such a case is inherently challenging due to the emotional strain of the situation and the complexity of the damages. Hiring attorneys makes handling your case much easier and allows you and your family to mourn in peace. You will also be more likely to succeed with the claim, and it is possible for your attorney to uncover avenues of compensation you did not know you could claim.

Q: What Do Charlotte Wrongful Death Attorneys Charge for Representation?

A: Charlotte wrongful death attorneys generally charge clients on a contingency basis. If you choose Ayers, Whitlow & Dressler to represent you, we only take a fee if and when we win your case. A contingency fee means that our client pays a fee only if we succeed in securing compensation for them. If we cannot obtain a recovery for you, you pay no legal fees, so there is no risk in securing representation for your impending wrongful death suit.

Ayers, Whitlow & Dressler can provide the legal counsel you need when you need it most and help you approach your impending wrongful death suit with confidence and peace of mind. You have a limited time in which to file your case with the court, so contact us today and schedule a free consultation with a team of trustworthy Charlotte wrongful death attorneys with your case.