Losing a loved one unexpectedly is one of life’s most painful experiences. When that loss occurs due to someone else’s actions, the grief is often compounded by confusion, anger, and questions about what happens next. You may wonder how you’ll manage financially while trying to process your emotional pain.
At DeMayo Law Offices, we help families in Stallings and throughout North Carolina find answers and pursue justice after a wrongful death. Our Stallings personal injury lawyers have recovered over $1 billion in compensation for our clients, demonstrating our commitment to helping families through their most difficult moments.
To get help after losing a loved one and to learn your legal options, contact our Stallings wrongful death lawyers for a free consultation.
What Qualifies as a Wrongful Death Claim
A wrongful death claim arises when someone dies due to another party’s negligent, reckless, or intentional actions. These claims allow family members to seek compensation for their losses while holding responsible parties accountable.
In North Carolina, wrongful death cases encompass a wide range of situations. Car accidents caused by negligent drivers often lead to wrongful death claims. Medical malpractice may qualify when healthcare providers fail to meet the standard of care. Dangerous products that malfunction and cause fatalities can lead to claims against manufacturers.
Workplace accidents resulting in death may sometimes go beyond workers’ compensation and warrant wrongful death claims. In cases involving criminal activity, families can pursue civil claims regardless of whether criminal charges are filed.
For a successful claim, you must establish several key elements:
- A duty of care existed between the defendant and the deceased
- The defendant breached that duty through negligent or intentional actions
- This breach directly caused the death
- The death resulted in financial and emotional damages to survivors
For a free legal consultation with a wrongful death lawyer serving Stallings, call (877) 333-1000
How a Stallings Wrongful Death Attorney Helps Your Family
Our attorneys handle all legal aspects of your case, allowing you to focus on your grieving and healing. We conduct thorough investigations to gather evidence supporting your claim. This includes collecting police reports, medical records, witness statements, and expert opinions that establish liability and demonstrate the full impact of your loss.
We also identify all potentially liable parties. In many cases, multiple entities may share responsibility for a wrongful death. For example, in a commercial truck accident, liability might extend beyond the driver to include the trucking company, vehicle manufacturer, or maintenance providers.
Managing Legal Deadlines and Requirements
Wrongful death claims in North Carolina must follow specific procedures and timelines. The statute of limitations typically gives you two years from the date of death to file a claim, but exceptions may apply in certain circumstances.
Only the personal representative of the deceased’s estate can file the claim. This person might be named in the will or appointed by the court if no will exists. Our attorneys help you address these procedural requirements, ensuring your claim complies with all legal standards.
We prepare and file all necessary documentation on your behalf, including:
- The initial complaint outlining your allegations
- Supporting evidence demonstrating liability
- Documentation of damages and financial losses
- Responses to motions filed by the defense
- Appeals if necessary
This comprehensive approach ensures your case proceeds efficiently while meeting all legal requirements.
Stallings Wrongful Death Lawyer Near Me (877) 333-1000
Types of Compensation Available in Wrongful Death Cases
Wrongful death claims can provide various forms of compensation to help families manage the financial and emotional aftermath of their loss. Understanding these different types of damages helps you pursue a claim that addresses your specific needs.
Economic damages cover the tangible financial losses resulting from your loved one’s death. These include medical expenses incurred before death, such as emergency treatment, hospitalization, and any attempted life-saving procedures. Funeral and burial costs are also recoverable, helping families manage these immediate expenses.
The loss of your loved one’s income and benefits constitutes another significant economic damage. This includes not only current wages but also projected future earnings and benefits like health insurance, retirement contributions, and other employment perks.
Non-Economic Damages
Beyond financial losses, wrongful death claims recognize the profound emotional impact of losing a loved one. Non-economic damages address these less tangible but equally important aspects of your loss.
Pain and suffering experienced by the deceased before death may be compensable. This accounts for the physical and emotional distress they endured due to their injuries before passing away.
While no amount of money can truly compensate for these losses, these damages acknowledge the profound impact of your loved one’s absence on your life.
Calculating Damages Accurately
Determining fair compensation in wrongful death cases requires careful evaluation of both current and future impacts. Our attorneys work with economic experts to calculate the long-term financial effects of your loss, including projections of lost income over what would have been your loved one’s working life.
We also consider factors such as inflation, potential career advancement, and changes in benefit structures to ensure calculations reflect the full scope of your economic losses. For non-economic damages, we help you document the relationship with your loved one and the specific ways their absence affects your family.
This thorough approach ensures your claim accurately reflects the full extent of your losses, both financial and emotional.
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Our Approach to Wrongful Death Cases
At DeMayo Law Offices, we recognize that each wrongful death case represents not just a legal matter but a family’s profound loss. Our approach combines legal experience with genuine compassion for what you’re going through.
We begin with a detailed consultation to understand the circumstances of your case and your family’s specific needs. This initial meeting helps us develop a strategy tailored to your situation. Throughout the process, we maintain clear communication, keeping you informed about developments in your case and answering your questions promptly.
Our Stallings wrongful death lawyers conduct exhaustive investigations to build the strongest possible case. If necessary, we collaborate with accident reconstructionists, medical experts, economists, and other specialists who can provide professional insights about how your loved one’s death will affect you and your family financially.
Building a Compelling Case
Strong evidence forms the foundation of successful wrongful death claims. We gather and preserve all relevant evidence, including:
- Accident reports and police investigations
- Medical records documenting injuries and cause of death
- Witness testimony from those present at the scene
- Expert opinions establishing liability and damages
- Employment records showing income and benefits
- Personal accounts of your relationship with the deceased
This comprehensive evidence collection allows us to present a complete picture of liability and damages when negotiating with insurers or presenting your case in court.
Pursuing Maximum Compensation
Our goal is to secure the maximum compensation available for your family. We achieve this through skilled negotiation and, when necessary, aggressive litigation. Many cases are resolved through settlement discussions, but we prepare every case as if it will go to trial, ensuring we maintain a strong position throughout negotiations.
This approach often leads to more favorable settlements, as insurance companies recognize our willingness to pursue litigation if they don’t offer fair compensation. If a trial becomes necessary, our experienced litigators present your case persuasively to judges and juries.
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Taking the First Step Toward Justice
If you’ve lost a loved one due to someone else’s actions, taking legal action may seem overwhelming. However, pursuing a wrongful death claim can provide both financial stability and a sense that justice has been served.
The legal process begins with a simple step: contacting our office for a free consultation. During this meeting, we’ll discuss the circumstances of your case, answer your questions, and explain your legal options. There’s no obligation, and all information you share remains confidential.
Contact our Stallings wrongful death attorneys today for a free consultation about your case. We’ll listen to your story, answer your questions, and help you determine the best path forward for your family.
Call or text (877) 333-1000 or complete a Free Case Evaluation form
