Sumwalt Anderson Fights Hard for Your Family After a Fatal Accident

Indian Trail Wrongful Death Attorneys

When your family member becomes severely injured in an accident through the fault of another party, it is a scary situation. Although doctors may do everything possible to save your loved one, the accident may still result in a fatality. Before the accident happened, you and your family were looking forward to the day. Within several hours, though, you now are facing intense grief and an uncertain future. Our Indian Trail wrongful death attorneys want to try to help you as much as possible. We can start by filing a wrongful death case on behalf of the family.

We understand that it can be daunting to think about going through a lawsuit where you must relive the trauma of the accident and of losing your loved one. Trust that our Indian Trail wrongful death lawyers will try to make the process as smooth and stress-free for you as possible. We know that a financial award is not going to truly compensate you for the loss of your loved one. But winning a financial settlement can help you and your family continue reaching for the dreams you all had before the accident. Sumwalt Anderson offers free consultations to help you learn about the process of filing this type of lawsuit.

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Why Choose Our Indian Trail Wrongful Death Attorneys to Represent Your Family?

Sumwalt Anderson Has the Experience You Need

Wrongful death cases can be quite complex. Not only do our Indian Trail wrongful death attorneys need to prove that someone else’s actions led directly to your loved one’s death, but we also need to help you determine what an appropriate award amount to seek is. The attorneys at our law firm have several decades of collective experience that we will put to use on behalf of your family.

There are several reasons why selecting our team is the best way to move forward with your wrongful death case, including:

  • Experience: Attorney Mark Sumwalt and Attorney Richard Anderson collectively have more than seven decades of experience practicing law in Charlotte.
  • No risk for you: Because we work on a contingency fee basis, you owe us nothing for our representation unless we win an award for you and your family.
  • Results: We have won several multi-million dollar settlements for our clients over the years, including a $2 million settlement after a wrongful death in a truck accident.
  • Importance of negotiations: Because many claims in wrongful death cases settle during negotiations, we take this aspect of your case very seriously and prepare for negotiations accordingly.
  • Going to trial: Should negotiations stall, we may recommend that your case goes to trial. Our team would appreciate the chance to tell your loved one’s story and talk about your loved one’s importance to your family in court.
  • We work with you: We do not dictate to you how your wrongful death case should go. Instead, we work in conjunction with you to determine the best path forward. You always have the final say in what we do.

How Our Indian Trail Wrongful Death Lawyers Can Help Your Family

Our Indian Trail Wrongful Death Attorneys Will Support You throughout The Case

Wrongful death cases can be extremely hard on the surviving family members; our Indian Trail wrongful death attorneys understand this. Consequently, our goal is to make sure we support you and your family as much as possible, always seeking to remove as much of the stress of this situation as we can.

  • Legal support: We take over all the legal aspects of your case, including speaking with the insurance company on your behalf.
  • Emotional support: When you feel like the situation regarding your loved one’s death is simply too much to handle, trust that we are standing by your side and supporting you.
  • Seeking all avenues for claims: We will file a wrongful death claim for you, but we also may seek punitive damages or a survival action, depending on the circumstances in the case.
  • Investigation: When some uncertainties exist in your case about the cause of the death of your loved one, trust that we will fully investigate the facts in the case and will argue that someone else’s negligence caused the fatal accident.

What Compensation Could My Family Receive?

Our Indian Trail wrongful death attorneys will seek compensation payments for your family in a number of different areas.

  • Medical expenses related to treatment that occurred before your loved one passed away.
  • Any pain and suffering your loved one had before passing away.
  • Expenses related to the burial and funeral.
  • Any loss of income that your loved one could have earned in the future.
  • Compensation for you and your family for the loss of your loved one’s companionship, advice, and services.
  • Any reduction in the potential value of your loved one’s estate, such as the value of a retirement investment account.

After you speak with us during a free review of your case, you are not obligated to hire us.

Our Wrongful Death Attorneys in Indian Trail, NC, Help You Understand How the Case Works

Through The Explanations of Our Indian Trail Wrongful Death Attorneys, We Can Head Off Arguments

Unfortunately, some family members of a deceased loved one want to constantly argue about who would receive any payouts from the wrongful death claim. This creates significant frustration, as no one wants to have disagreements over money at a time when you are trying to heal from the devastating loss of your loved one. Our Indian Trail wrongful death attorneys will fully explain who is eligible to file this type of lawsuit and which family members receive the wrongful death settlement money.

North Carolina state statutes § 29-14 and § 29-15 clearly define how money from this type of claim must be distributed. This removes uncertainty and can give your family some peace of mind if long-lost relatives suddenly show up and expect to receive a piece of the settlement money. Additionally, by hiring our team to represent you, we can manage the distribution of the funds for you, ensuring it goes smoothly. Having us on your side means you do not have to deal with dividing the funds after the successful conclusion of the case.

Naming The Decedent’s Personal Representative

When you are ready to file a wrongful death claim, understand that the state of North Carolina requires that a personal representative of your loved one brings the lawsuit. This person does not necessarily need to have an ability to share in the financial payout from the lawsuit. However, this person formally brings the lawsuit from a legal standpoint.

Our Sumwalt Anderson lawyers can help you determine who should bring the claim. If your loved one left a will, it is possible that the executor of the estate also will serve as the personal representative in the wrongful death claim. However, should no will exist or should no executor be named, your family and our team can work together to determine the best person to serve as the personal representative. We then petition the court to have that person named to the position.

Common Questions That Clients Have for Our Wrongful Death Lawyers in Indian Trail

Wrongful Death Lawsuit FAQs

Lawsuits related to a wrongful death accident can seem confusing to families. This is understandable. No one expects to ever need the expertise of our Indian Trail wrongful death attorneys. Yet, after someone else’s negligence led to a fatality for your loved one, you suddenly need to understand this process. Trust that our team will take the time to explain everything you need to know. To help you gain a basic understanding of the claim process and of our strategies, here are frequent questions we receive, as well as our answers.

How do I know if my family can file a wrongful death case?

Typically, if another person made a mistake that resulted in a fatal accident, you could file a claim on behalf of your deceased loved one. Our Indian Trail wrongful death attorneys also can help you decide if you have a case.

Will your wrongful death attorneys in Indian Trail, NC, help my family decide who should file the claim?

Typically, the executor of the decedent’s estate files the lawsuit. If no executor is named, the court can appoint a surviving family member. Our wrongful death attorneys in Indian Trail, NC, can help you figure out who should file the lawsuit.

Are punitive damages possible in my wrongful death case in North Carolina?

Yes, North Carolina does allow punitive damages. Should we determine that the person who caused the fatal accident behaved in a malicious manner, we can seek punitive damages. Such damages increase your payout while aiming to punish the person who caused the accident.

Will your wrongful death lawyers in Indian Trail file a survival action on behalf of my loved one?

Some wrongful death lawsuits involve a situation where the victim survives the accident for several days or weeks before dying. Our wrongful death lawyers in Indian Trail can seek a survival action in this situation. This is an award for the pain and suffering your loved one had before passed away.

Our Indian Trail wrongful death attorneys know the importance of spending time with our clients, answering their questions, and supporting them emotionally at the same time we are working on the legal aspects of the case. You can count on us to spend the time required to help you understand the exact strategies we are deploying in your loved one’s wrongful death case. We never want you to feel like you do not understand what is happening with the case.

Attorney Mark Sumwalt

Mark Sumwalt is a native of Rock Hill, South Carolina who has practiced law in Charlotte since 1981, primarily in the field of worker’s compensation. He has litigated hundreds of cases to decision all over the state and handled many significant appeals to the North Carolina Court of Appeals and the North Carolina Supreme Court, particularly in the area of attendant care. [ Attorney Bio ]

millionRecovered on behalf of a gentleman (plaintiff/client) who was working as a vinyl window installer on a metal ladder when the ladder struck a live electrical wire. Learn more.
millionRecovered negotiated on the behalf of our client who was rendered a paraplegic due to a spinal fracture after falling from a roof in the course and scope of his employment as a construction worker. Learn more.
millionRecovered for a construction worker from Texas who suffered a catastrophic spinal cord injury following a fall from a roof while working on a job site in Charlotte, NC. Learn more.
millionRecovered on behalf of our client who sustained a spinal cord injury in the course and scope of his employment as a production worker in a manufacturing plant. Learn more.
millionRecovered on behalf of the gentlemen (plaintiff/client) who sustained an injury when he slipped and fell on an icy ramp during his employment. Learn more.
millionRecovered on behalf of a client who was injured in the course and scope of her employment as a nurse when attacked by a patient. Learn more.

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    Trust Our Indian Trail Wrongful Death Attorneys to Work Tirelessly on Behalf of Your Loved One

    Call Sumwalt Anderson Today

    Our team of Indian Trail wrongful death attorneys knows just how challenging it can be to think about trying to win a financial award in a wrongful death lawsuit at the same time you are grieving the loss of your beloved family member. We know that some people do not want to consider filing this type of lawsuit, as they believe it will be too painful to relive the memory of the fatal accident throughout the claim process.

    However, we also know that your loved one would not want the rest of the family to have a challenging time financially because of the loss of the loved one’s earnings. Your loved one would want your family to continue having dreams of home ownership or college for the kids. That is the aim of a wrongful death lawsuit. Money alone certainly cannot truly compensate you for the emotional pain of the fatal accident. But it can allow you to have an easier time financially going forward.

    Call Sumwalt Anderson as soon as possible at (704) 377-3770 to discuss your case for free. You are under no obligation to go forward with a wrongful death case or to hire us after this consultation.