Charlotte, NC Law Firm

Wrongful Death

Personal Injury Lawyer for Wrongful Death Cases

Losing a loved one is something everyone will face throughout the course of their life. However, when a loved one is suddenly taken because of the negligence of another the law provides you and your family protection. Whether your loved one was the victim of a Charlotte car accident, medical malpractice or some other unfortunate event our personal injury lawyers will work for the best result for our clients.
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Charlotte Personal Injury Lawyers - Rosensteel Fleishman
Charlotte Law Firm Review
My experience with Rosensteel Fleishman was, in a word, outstanding. After my accident, Mr. Fleishman and his staff exceeded my expectations, and got me the maximum amount money that I was owed by the insurance company. They were thorough, efficient and professional.
I will highly recommend them to anyone needing a personal injury attorney.
~ Carolyn Shepard
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Charlotte Law Firm Review
Matthew Fleishman handled my medical malpractice claim. He was extremely kind, patient, and professional. Matthew is definitely someone you would feel comfortable calling in your time of need. I have and will continue to recommend him to anyone who is looking for legal representation.
~ TJ
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Charlotte Law Firm Review
I am so happy I found this law firm to represent me. About 7 months ago, I was involved in a personal injury incident. I ve never met such a honest, dedicated and committed individual as Mr. Fleishman. He put my mind at ease immediately. The whole staff was extremely helpful and courteous. I would highly recommend this law firm to anyone who needs expert representation! Thank you again Mr. Fleishman.
~ Dave J
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North Carolina Wrongful Death Law

"I found Matthew Fleishman to be a nice and polite young man who always conducted himself in a very professional manner. My calls were returned promptly and he never made me feel as if I was being rushed to finish the conversation. He made me feel as if I was the only client he had, even though I realize that was not the case. He listened to my comments, concerns, and questions, as well as those of my sons, with compassion for our loss of a husband and father.
Matthew took a personal interest in my family. He was there for my tears, my fears and my frustrations. My case settled to my satisfaction due to his expertise and uncompromising dedication. I have and will continue to recommend Matthew to anyone who finds themselves in the same malpractice situation I was placed in."

North Carolina Wrongful Death Law

Damages recoverable for death by wrongful act include:


When the decedent is aware of the imminent threat of danger prior to the mortal wound, his estate is entitled to collect damages for pre-injury pain and suffering. Livingston v. United States , 817 F. Supp. 601(1993). When the decedent is conscious after the mortal wound, and thus after infliction of the mortal injuries, his estate is likewise entitled to compensation for said pain and suffering. Brendle v. General Tire & Rubber Co. 408 F.2d 116 (4 th Cir. 1969).


The beneficiaries are entitled to recover the reasonable burial expenses.


The statute governing damages in wrongful death actions, G.S. section 28A-18-2(b), allows for the estate to recover the present monetary value of the decedent. The present monetary value is not set, but rather gleaned by expert testimony from the evidence available and submitted into evidence at trial, and from statistical data which, in and of itself, may not be admissible into evidence. Thorpe v. Wilson , 58 N.C.App. 292, 293 S.E.2d 675 (1982). The court acknowledged in Thorpe that expert testimony is practically the only evidence available to prove future earnings. Further, it is acknowledged that the present monetary value of the decedent to the persons entitled to receive the damages recovered will usually defy any precise mathematical computation. The plaintiff’s expert will testify as to the decedent’s life expectancy, his expected lifetime earnings based, and the cost of living in North Carolina.


The North Carolina Court of Appeals recently addressed this issue in Byrd v. Adams 568 S.E.2d 640 (2002). There the court stated that, “To prevail on a claim for punitive damages, plaintiff must show that defendant’s established negligence which proximately caused his injury reached a higher level than ordinary negligence; that it amounted to wantonness, willfulness, or evidenced a reckless indifference to the consequences of the act. In actions involving motor vehicle accidents, this “higher level than ordinary negligence” (hereinafter “gross negligence”) can be established where at least one of three rather dynamic factors is present: (1) defendant is intoxicated …; (2) defendant is driving at excessive speeds …; or (3) defendant is engaged in a racing competition.” Id. at 642

Speak to a Charlotte, NC Lawyer about your Wrongful Death Case Today

At Rosensteel Fleishman, PLLC we work with our clients every step of the way. From opening the estate, through settlement or trial, our lawyers are experienced to handle every aspect of your claim. The last thing you or your family need to worry about during this time is your lawyer. Our NC personal injury lawyers will will explain every step of the process to the clients. We will outline for the client each and every element of damages the law allows. For an explanation of damages available under the North Carolina statutes please review our article on NC Wrongful Death Law.

NC Wrongful Death cases are extremely complex from both a legal and emotional perspective. Our lawyers will work to protect our clients and ensure the best results for our clients.

Our lawyers have won millions of dollars for clients all over North Carolina. Our job is to attain the best result possible for each individual client. Whether that is through a settlement, an arbitration, or a jury trial, the client is informed and in control from start to finish.

Our fee structure is designed to put the money where it belongs – in the pocket of our client. At the end of your case you will receive a summary, to the penny, of where every dollar is going.

Call (704) 714-1450 to make an appointment to speak with an attorney, or stop by the office during regular business hours. We understand the pressure on your time. We will schedule an appointment that meets your needs.
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