Losing a loved one due to someone else’s negligence is one of the most devastating experiences a family can face. Our Charlotte, NC wrongful death lawyer understands the immense emotional and financial challenges that come with this type of loss. With over two decades of experience handling wrongful death claims in Charlotte and across North Carolina, we’re dedicated to helping families pursue justice and financial compensation. Our team is here to offer compassionate support while managing the legal process to help you get the justice you and your loved one deserve.
The Basics Of A Wrongful Death Claim
A wrongful death occurs when an individual dies as a direct result of someone else’s negligence, recklessness, or intentional misconduct. Unlike criminal cases, which are handled by the state, wrongful death claims are civil lawsuits designed to provide financial compensation to the deceased’s surviving family members. The primary purpose of this law is to help families recover financially after losing their loved one, covering medical bills, funeral expenses, lost income, and emotional distress caused by the death.
To bring a wrongful death claim in North Carolina, the following must be proven:
- The death was caused by another party’s negligence or wrongful act.
- The deceased person would have been entitled to file a personal injury claim if they had survived.
- Surviving family members, such as spouses, children, or parents, have suffered financial losses as a result of the death.
Some of the most common causes of wrongful death, include motor vehicle accidents (cars, trucks, motorcycles), medical malpractice, workplace accidents, defective products, premises liability accidents.
While the goal of criminal justice is to punish the wrongdoer, wrongful death law is focused on providing financial relief to the surviving family members, allowing them to recover from the economic impact of their loved one’s untimely passing.
Why Experience Matters In A Wrongful Death Claim
Handling a wrongful death claim requires both legal knowledge and compassion. When you hire our Charlotte wrongful death lawyer, our goal is to take the burden off your shoulders while securing the compensation your family deserves.
Attorney Christopher D. Layton has the following qualifications and experience, which make him a trusted advocate for wrongful death victims in Charlotte:
- Juris Doctor (J.D.) from Wake Forest University School of Law
- Member of the North Carolina State Bar since 2000
- Member of the Federal Bar Association – Western District of North Carolina
- Member of the Mecklenburg County Bar
- Founding attorney of The Layton Law Firm, specializing in wrongful death and personal injury cases
- Proven success in achieving significant settlements and verdicts for clients in wrongful death cases
We understand how emotionally and financially taxing these cases can be. Our wrongful death attorney is committed to helping families seek justice while providing the support they need throughout the legal process.
If you’ve lost a loved one due to someone’s negligence, The Layton Law Firm is here to help. We offer free consultations and work on a contingency fee basis, meaning we don’t get paid unless we win your case. Our Charlotte wrongful death lawyer will guide you through every step of the legal process, from gathering evidence to negotiating a fair settlement or pursuing your case in court. Reach out to us today to schedule a consultation and take the first step toward securing the compensation you deserve. With our experience and dedication, we’ll make sure your family’s rights are protected.
Charlotte Wrongful Death Infographic
Types Of Wrongful Death Cases We Handle
Losing a loved one is never easy, but when that death is caused by someone else’s negligence or intentional wrongdoing, the grief can be even more unbearable. Wrongful death claims can arise from a variety of tragic situations. Whether due to an accident, malpractice, or a defect, our Charlotte, NC wrongful death lawyer is here to help you understand the types of cases we handle and how we can fight for justice on your behalf. With over 20 years of experience, we specialize in helping families seek justice and compensation for their losses. Our award-winning team is dedicated to securing the financial justice that families need to move forward.
Motor Vehicle Accidents
Motor vehicle accidents are one of the leading causes of wrongful death. These tragic incidents can involve cars, trucks, motorcycles, or pedestrians. When someone’s reckless driving, distracted driving, or failure to obey traffic laws leads to a fatal accident, the surviving family members may have grounds for a wrongful death lawsuit. In addition to car accidents, we also handle cases involving fatal truck accidents, motorcycle collisions, and accidents involving commercial vehicles.
Medical Malpractice
Medical malpractice occurs when a healthcare provider’s negligence or failure to adhere to the standard of care results in a patient’s death. This can include surgical errors, incorrect diagnoses, prescription mistakes, and failure to provide proper treatment. If you’ve lost a loved one due to a healthcare provider’s mistake, our medical malpractice attorney can help you seek justice. Our team works closely with independent medical experts to determine liability and build a strong case on your behalf.
Workplace Accidents
Fatalities at work are another common cause of wrongful death claims. Whether it’s a construction accident, a fatal fall, or an accident involving heavy machinery, employers must maintain a safe working environment. If an employer’s negligence or failure to provide a safe work environment leads to the death of a worker, their family may have grounds for a wrongful death lawsuit. Our Charlotte wrongful death lawyer has experience handling cases involving both workers’ compensation claims and third-party liability claims for fatal workplace accidents.
Defective Products
Defective products can cause fatal injuries when they fail to function as intended. Whether it’s a malfunctioning vehicle, faulty appliance, or dangerous pharmaceutical product, manufacturers have a duty to make sure their products are safe for consumers. If a defective product results in the death of a loved one, our firm can hold the manufacturer or distributor accountable through a product liability wrongful death claim.
Premises Liability
Premises liability refers to accidents that occur on someone’s property due to unsafe conditions. Whether it’s a fatal slip and fall accident, inadequate security leading to a fatal assault, or a property hazard like faulty stairs or handrails, property owners are legally responsible for maintaining safe conditions. If an unsafe property results in a fatal injury, surviving family members may have grounds for a wrongful death lawsuit.
Pedestrian Accidents
Pedestrians are highly vulnerable in accidents involving motor vehicles. When a driver fails to yield to pedestrians at crosswalks or behaves recklessly, it can lead to devastating fatalities. If your loved one was killed in a pedestrian accident, we can help you hold the responsible driver accountable and pursue compensation for medical bills, funeral expenses, and more.
Nursing Home Abuse And Neglect
When elderly individuals in nursing homes suffer abuse or neglect, it can lead to life-threatening injuries and even death. Whether due to physical abuse, improper care, or neglect, families have the right to hold negligent nursing homes accountable for the wrongful death of a loved one. Our team is experienced in handling nursing home abuse and neglect cases and will fight to get the compensation your family deserves.
Drowning Accidents
Drowning accidents, often involving pools, lakes, or other bodies of water, can result in wrongful death. Whether the accident was caused by inadequate supervision, improper safety measures, or other negligence, we help families of drowning victims seek justice.
Your Family’s Legal Advocate
If you’ve lost a loved one due to someone else’s negligence, The Layton Law Firm is here to help. We offer free consultations to evaluate your case and guide you through your legal options. Our Charlotte wrongful death lawyer works tirelessly to secure the compensation your family deserves, and we’re here to provide the support you need during this challenging time.
Contact us today to schedule your consultation. With over 20 years of experience, we are committed to advocating for your rights and delivering the justice your family deserves.
6 Steps In A Wrongful Death Lawsuit
Losing a loved one due to someone else’s negligence is a tragic and heart-wrenching experience. While no amount of compensation can replace the loss, pursuing a wrongful death lawsuit can provide some level of justice and financial relief for the surviving family members. Our Charlotte, NC wrongful death lawyer has a long track record of successfully representing families in Charlotte, NC, who have experienced wrongful death. We’ve secured millions in settlements and verdicts, demonstrating our ability to bring justice to those who need it most. With extensive knowledge of wrongful death law and an unwavering commitment to our clients, we are here to help you.
#1 Consult with a Wrongful Death Attorney
The first and most important step in a wrongful death lawsuit is to consult with our experienced attorney. We offer free consultations to discuss your case. During this meeting, our personal injury lawyer will review the circumstances surrounding your loved one’s death, evaluate whether negligence or wrongful actions were involved, and determine if you have grounds for a lawsuit. We’ll also explain your legal options and the potential compensation you might receive.
It’s essential to have a lawyer like Christopher D. Layton, who specializes in wrongful death claims, as these cases can be complicated and require experience to manage effectively. We’ve helped many families in similar situations, and we’ll put our experience to work for you.
#2 Investigating the Incident
After you hire our wrongful death attorney, the next step is a thorough investigation. Our team will work quickly to gather evidence, interview witnesses, and consult with experts to build a strong case. This phase may include obtaining police reports, medical records, and other relevant documentation that can prove negligence or misconduct. In wrongful death cases, the burden of proof lies with the plaintiff, so it’s essential to gather as much evidence as possible to support your claim.
We take pride in our ability to handle the investigative process efficiently, leaving you free to focus on healing while we take care of the legal details.
#3 Establishing Liability
In wrongful death claims, proving liability is key. We will work to show that the death was a direct result of the defendant’s negligence, recklessness, or intentional wrongdoing. Our team will collaborate with experts, such as accident reconstructionists or independent medical professionals, to establish the cause of death and hold the responsible party accountable.
Whether the case involves a car accident, medical malpractice, or a workplace fatality, we are prepared to argue on your behalf and prove liability through careful documentation and professional testimony.
#4 Negotiating a Settlement
Once we’ve established liability and calculated your damages, we’ll initiate settlement negotiations with the responsible party or their insurance company. Most wrongful death cases are resolved through settlements, avoiding the need for a lengthy court trial. Our Charlotte wrongful death lawyer is skilled at negotiating with insurance companies and at-fault parties to make sure you receive maximum compensation for medical bills, funeral costs, lost income, and pain and suffering.
If a fair settlement cannot be reached, we are fully prepared to take your case to court to fight for the compensation you deserve. Throughout the negotiation process, we keep you informed and make sure you understand your options before making any decisions.
#5 Filing the Lawsuit
If a settlement cannot be reached or if the circumstances warrant further legal action, the next step is filing a wrongful death lawsuit. We will prepare all necessary legal documents and file them in the appropriate court. The defendant will then be served with the lawsuit, and the legal process will officially begin.
Throughout this process, we will represent your interests, handle the legal details, and work tirelessly to secure the best possible outcome for your case. We’ll be with you every step of the way, making sure that your voice is heard in court.
#6 Trial or Settlement
If your case goes to trial, we’ll present your case in front of a judge and jury. We will utilize expert witnesses, medical records, and accident reports to demonstrate how the defendant’s actions led to your loved one’s wrongful death. If the jury finds in your favor, you’ll receive a monetary award. However, many wrongful death cases are settled out of court, especially if a favorable settlement offer is made.
Whether through settlement or trial, our goal is always to seek the maximum compensation possible for you and your family.
Why Experienced Legal Representation Is Vital
Pursuing a wrongful death claim can be a complicated and emotionally draining process. Having our experienced Charlotte wrongful death lawyer by your side can make all the difference in achieving a successful outcome. At The Layton Law Firm, we’ve spent over 20 years advocating for families who have suffered due to negligence, and we’re dedicated to helping you seek justice for your loved one. Contact us today to schedule a consultation and take the first step toward holding the responsible party accountable. We’re here to fight for you and your family.