The loss of a loved one can cause great emotional distress and emptiness. That pain only intensifies if the death was due to an accident that resulted from someone else’s carelessness.
However, lawmakers understand that such circumstances are unjust and merit compensation. Our team of wrongful death lawyers in Gastonia, NC are ready to help you pursue justice. Contact us at Horton & Mendez Injury Attorneys to schedule a free, confidential consultation.
How Our Wrongful Death Attorneys in Gastonia, NC Can Help
During the difficult time of a loved one’s passing, your family must also handle many responsibilities. For example, you have to notify others about the death, make funeral arrangements and settle the estate.
The additional work of fighting for compensation from a negligent party can become overwhelming. Consider what that process involves:
- Investigating the scene and gathering evidence
- Ensuring that the evidence is legally admissible
- Processing and submitting paperwork within the deadline
- Negotiating with skilled professionals at an insurance firm, who may try to lowball you
Fortunately, Horton & Mendez Injury Attorneys’ team of wrongful death lawyers in Gastonia have experience in these areas. When we take your case, we guide you all the way through the process.
Our firm works diligently to build as strong of a case as possible. We examine accident reports and medical expenses. We can also assist with interviewing witnesses and getting official statements.
Another helpful service is that we will communicate with other parties for you and can fill out your insurance claims forms. We also explain the process to make complicated legal procedures easy to understand.
Furthermore, our team works on a contingency basis. You don’t have to pay anything until we win your case.
What To Know About Wrongful Death Cases in Gastonia, NC
What qualifies as a wrongful death case in Gastonia? Whenever a family member’s death resulted from another party’s carelessness or intentional misconduct, you may have a wrongful death claim.
A common example is fatal injuries from a car accident. Fatal accidents can also occur due to:
- Workplace mishaps
- Medical malpractice
- Defective products, including medicine and food
- Slips and falls at a business
- A lack of supervision during a recreational activity
Recovering full compensation involves determining who is at fault, which may be more than one party. For instance, a car accident might occur because of a negligent driver and a mechanical failure. Our wrongful death lawyers in Gastonia, NC, help you determine who is liable.
Beneficiaries of Wrongful Death Compensation
The person or persons who file the wrongful death claim will be the beneficiaries of any payout.
In Gastonia, the personal representative must file this claim.
Your loved one may have appointed a personal representative through estate plans. If not, the court can appoint a person to serve in this role. However, this process could cost you valuable time, so working with wrongful death lawyers helps you complete proceedings efficiently.
In most cases, the personal representative will be the spouse. If there is no surviving spouse, the child or children can file the claim. The surviving parents or guardians are next in line. If there are no parents, the legal heir or closest surviving relative handles the case.
Obviously, multiple surviving parties may have to work together, such as siblings or ex-spouses.
Coordinating efforts can raise another challenge, but a free consultation with our Gastonia personal injury attorneys can help you decide what steps to take.
Recoverable Damages for Surviving Family Members in Gastonia
Your loved one’s death can cause a financial strain in addition to the emotional burden. You have to handle the costs for funeral and burial, as well as any medical treatments your loved one received in an effort to save their life.
The psychological trauma could require long-term mental health support from trained professionals. However, you can recover the cost of these expenses in your case with help from our wrongful death lawyers in Gastonia, NC.
All of the specific bills and expenses you had to pay for the wrongful death accident are economic damages. Another name for these is special damages. Such losses include:
- Medical and health care bills
- Property repair or replacement
- Lost income
- Transportation costs
- Funeral and burial costs up to $4,500
Our Gastonia wrongful death lawyers take the time to help you gather and organize this information.
Non-economic damages refer to compensation for your pain, suffering and mental anguish. This includes the emotional pain you experienced during or immediately following the incident and also future pain, loss of enjoyment of life or loss of companionship.
In notably bad cases of negligence or malice, a court could even award punitive damages.
However, such judgments are rare and have a cap of $250,000.
Work With Horton & Mendez Injury Attorneys’ Gastonia Wrongful Death Lawyers
Working with our wrongful death lawyers in Gastonia, NC, at Horton & Mendez Injury Attorneys is a no-risk proposition. We offer free consultations, and you don’t have to pay anything unless we win your case. Contact us today to find out how we can help you get justice for the loss of your loved one.
Wrongful Death Case FAQs
What is the statute of limitations for wrongful death cases in Gastonia?
Wrongful death cases have a strict two-year deadline throughout North Carolina. While you should not rush your case, you can lose valuable evidence if you don’t act quickly. Also, if you don’t file within the time limit, you will likely be unable to claim any compensation.
How do I know if my family can file a wrongful death case?
Whenever someone makes a mistake that results in a loved one’s death, you potentially have a wrongful death case. The rules surrounding how you file and against whom vary, so talk to Horton & Mendez Injury Attorneys for help.
Will wrongful death lawyers file a survival action on behalf of my loved one?
If your loved one survived for a period after an accident and died at a later date, you have the right to file for survival action. This suit covers the expenses for your loved one’s economic and non-economic damages between the time of the accident and death. Our wrongful death lawyers can also assist you with filing this survival action and getting justice for your loved one.