Top 5 Types of Wrongful Death Cases in North Carolina
Losing a loved one is never easy, but when negligence or the actions of another person or party are to blame, it can be especially devastating. If you're dealing with the wrongful death of a loved one in North Carolina, Rosensteel Fleishman, PLLC is here to help. Our Charlotte-based law firm specializes in personal injury cases, including wrongful death. With over 40 years of combined legal experience, attorneys Corey Rosensteel and Matt Fleishman are dedicated to fighting for the rights of their clients and getting them the justice and compensation they deserve.
What is Wrongful Death?
Wrongful death occurs when the negligent or intentional actions of another person or party causes a person's death. Examples can include car accidents, medical malpractice, workplace accidents, and other forms of negligence. If you believe your loved one's death was caused by the actions of another person or party, it's important to speak with an experienced wrongful death attorney as soon as possible.
The most common types of wrongful death cases are:
Automobile Accidents: If a person is killed in Charlotte, NC in a car accident due to the negligent or reckless actions of another driver, this can be considered a wrongful death. An example might be if a driver was texting while behind the wheel and then failed to stop, which then caused a collision that resulted in the death of another person. Other examples of negligent or reckless actions by a driver include speeding, failing to follow traffic laws, and driving under the influence of drugs or alcohol. In some of these cases, the person responsible for the car accident may also face criminal charges for their actions.
Medical Malpractice: Medical malpractice is the failure of a healthcare professional to provide adequate care to a patient, resulting in injury or death. An example of medical malpractice could be a case where a person dies due to a misdiagnosis or a failure to diagnose a serious medical condition. For instance, if a patient goes to the hospital with symptoms of a heart attack and the doctor fails to diagnose the condition, and the patient then dies, this could be considered a wrongful death due to medical malpractice. Healthcare professionals operating on the wrong body part, leaving foreign objects inside the patient, prescribing the wrong medication or dosage, or errors in anesthesia dosage are other examples of possible medical malpractice.
Workplace Accidents: If a person is killed on the job due to the irresponsible or reckless actions of an employer or co-worker, this can be considered a wrongful death. For example, if a construction worker is killed due to a collapse of a scaffold that was not properly constructed or maintained, this could be considered a wrongful death. If an employee is killed while driving a company vehicle or piece of machinery that is not properly maintained, this might also be considered a wrongful death. Other examples of workplace accidents that could result in wrongful death include explosions, chemical spills, and electrocutions.
Defective Products: When a person is killed due to a defect in a consumer product, such as a faulty appliance, a car with a design flaw, or a medication with dangerous side effects, this might be a wrongful death. For example, if a malfunction in a car causes it to catch fire in a minor collision and the driver is killed, this could be considered a wrongful death. In this case, the wrongful death suit would be filed against the manufacturer.
Homicide: Homicide is the act of intentionally or recklessly killing another person. If a person is killed in a drive-by shooting, whether they were the intended victim or not, this could be considered a wrongful death. In addition to civil charges, the person responsible for the homicide may face criminal charges for their actions.
These are just a few examples; there may be other circumstances that would classify as a wrongful death as well. In all the examples above, the surviving family members (spouse, children, parents, siblings) may be able to bring a wrongful death lawsuit against the people or parties responsible to seek compensation for their loss. A wrongful death lawsuit can provide financial support to the surviving family members as they deal with the aftermath of the tragedy. If you believe that someone you know has died due to the negligent or wrongful actions of another person or party, consider seeking legal advice to determine if you have a wrongful death claim.
Negotiating with Insurance Companies
Insurance companies are often resistant to paying out on wrongful death claims, and they may try to lowball you or deny your claim altogether. At Rosensteel Fleishman, we have extensive experience dealing with insurance companies and know how to negotiate to get you the maximum compensation possible.
Representing You in Court
If negotiations with the insurance company fail, we're prepared to take your case to court. Our attorneys have a proven track record of success in the courtroom and will fight tirelessly to get you the justice you deserve.
"At Rosensteel Fleishman, we understand the emotional and financial toll that wrongful death can take on a family." says attorney Corey Rosensteel. "We'll work with you every step of the way to ensure you get the justice and compensation you deserve."
If you're dealing with the wrongful death of a loved one in North Carolina, don't hesitate to contact Rosensteel Fleishman. We're here to help. Call us at 1-704-714-1450 to schedule a free consultation and learn more about how we can help with your case.