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What Type of Evidence is Required to Prove a Wrongful Death Claim in North Carolina?

April 15, 2022

If you lost a loved one to negligence, you and your family deserve justice — in more ways than one.

We understand that the tremendous grief that comes with the sudden and preventable death of a loved one often overshadows the financial impact of their funeral and burial expenses, and lost income.

What is more, families will be charged with proving their loved one’s loss was caused by the negligent actions or inactions of another, which can be a complex and frustrating process.

We can help.

At Dewey, Ramsay, & Hunt, P.A., our Charlotte wrongful death attorneys have the experience and resources North Carolina families need to pursue financial compensation from the negligent party that caused their incredible losses.

That starts with collecting the evidence necessary to prove their claim.

What Evidence Do I Need to File a Wrongful Death Claim in North Carolina?

Four key factors allow our Charlotte wrongful death attorneys to pursue these important claims for grieving families throughout North Carolina.

They include:

  • Proving the Negligent Party Owed the Deceased a Duty of Care

We must establish that the person or party that caused your loved one’s death owed him or her a duty of care.

For example, when drivers get behind the wheel of their vehicles, they owe pedestrians, bicyclists, and other motorists a duty of care to operate their vehicles safely.

When a driver is intoxicated, he or she made the decision to get behind the wheel, which can be proven by the fact that they were driving when the crash occurred.

That leads to the second required factor…

  • Proving the Negligent Party Breached the Duty of Care

Using the previous drunk driving example, the negligent party breached the duty of care by acting in a way that knowingly put others’ lives at risk.

This applies to multiple scenarios, and not just drunk driving. Speeding and distracted drivers can also be pursued during wrongful death claims for breaching their duty of care to others who are sharing the road.

  • Proving Causation Directly Led to the Loss of Life

Sticking with the same example, when a drunk driver causes a collision that results in death, we must prove their intoxication, combined with deciding to drive, directly caused the wrongful death of our client’s family member.

  • Proving Damages Resulted from the Loss of Life

One of the most challenging aspects of a successful wrongful death case is establishing how the loss of life financially impacted the surviving family members.

Our skilled wrongful death lawyers in Charlotte have the skill and experience our clients need to accurately calculate the financial and emotional losses they have suffered.

That may include:

  • Complete medical care expenses incurred before death
  • Pain and suffering your loved one experienced before they passed, when applicable
  • Funeral and burial costs
  • Lost wages over a lifetime
  • Lost protection, services, companionship, and care of the person who passed away

If you have lost a loved one to negligence, our compassionate wrongful death attorneys in Charlotte can help you understand your eligibility to file a claim.

We know that money can never replace the relationship you had with your loved one, but having financial security means you and your family will have the resources you need to move forward with the grieving process. Call us today to learn more about your legal options.

Contact Our Accomplished Wrongful Death Attorneys in Charlotte, North Carolina Today

At Dewey, Ramsay & Hunt, our leading wrongful death lawyers in Charlotte provide free consultations by calling 704-377-3737 or contacting us online.

We provide unique legal services tailored to fit each client’s needs and do not get paid unless you do.

Because every case is different, the description of awards and cases previously handled by our law firm does not guarantee a similar outcome in current or future cases.