Experience.
Service.
In an average year, about 70 to 80 people lose their lives in fatal car accidents in Charlotte and Mecklenburg County. Across the state, the number of motor vehicle fatalities typically approaches 1,200 to 1,400. Losing a loved one may be one of life’s most painful experiences, especially when the loved one’s death was caused by another party’s carelessness. While a wrongful death judgment or settlement can never bring a family member back, it may help offset some of the expenses involved in a fatal accident, like medical and funeral costs. It also may ease the financial burden left by a breadwinner’s passing and provide compensation for some of the other losses for those left behind. Our Charlotte fatal car accident lawyers work hard to make sure that each case that we accept gets the full time, care, and attention that it deserves.
Proving fault in a fatal car accident case may sometimes be difficult. Many factors are often involved in a crash, and the investigation phase of the case is crucial to determining the cause of the accident. Some of the most common causes of fatal motor vehicle accidents in North Carolina are alcohol use, excessive speed, distracted driving (texting, talking on a cellphone, or using other electronics while driving), and lane departures. Since the plaintiff has the burden of proof in a wrongful death lawsuit arising from a car accident fatality, it is important for the family of a person killed in a crash to seek legal counsel as soon as possible so that valuable evidence can be secured and retained. Failing to act quickly can make a big difference in the amount that the family eventually recovers.
Accident cases proceed under a branch of law known as “negligence.” In a negligence case, there are four elements (or steps): duty, breach of duty, causation, and damages. In its simplest form, negligence is simply one party’s failure to exercise reasonable care, thereby causing harm to another individual. Negligence may result from either a deliberate act by the defendant or a failure to take an action that a reasonable person would have taken. These requirements sound technical and not very straightforward, but our fatal car accident attorneys can explain to Charlotte families how they may apply in their situation.
A claim based on wrongful death must be filed within the North Carolina statute of limitations, or the plaintiff’s case will likely be dismissed. There are very few exceptions to this general rule, so it is important to take legal action in a timely fashion. Some cases are more procedurally complicated than they initially seem, and an attorney needs time to gather evidence and identify all of the potentially liable parties. For instance, a motor vehicle accident that leads to a fatality may involve multiple claims and multiple theories of liability, each controlled by a different statute of limitations or statute of repose, such as the statute of repose for a product liability claim arising from a vehicle’s lack of crashworthiness. There may also be notice requirements in some kinds of cases, especially if the plaintiff was on the job at the time of the crash, if a governmental entity may be a defendant, or if an uninsured or underinsured motorist claim may be necessary.
In a successful wrongful death lawsuit arising from a fatal motor vehicle collision, the personal representative of the victim’s estate may be able to collect compensation for the deceased person’s medical and burial expenses, lost income, and pain and suffering prior to death, as well as the loss of society between the deceased person and certain family members and possibly punitive damages. The skillful Charlotte fatal car accident attorneys at Maurer Law can help you get started on your loved one’s fatal car accident case, with the goal of recovering every dollar to which you are entitled. Call us at 704-243-9292 or contact us online to schedule an appointment with a car crash lawyer. There is no charge for the initial consultation, so there is no reason to delay this important phone call.