March 11, 2025
If the defendant denies liability in a North Carolina wrongful death case, the claim can proceed to trial where the plaintiff must prove the defendant's negligence caused the death.
Investigation and Evidence Gathering: The plaintiff and their attorney must gather additional evidence to build a strong case. This may include accident reports, medical records, witness statements, and expert opinions to demonstrate the defendant's negligence and its direct link to the death.
Filing a Lawsuit: The plaintiff must file a formal complaint in court, outlining the allegations and the damages sought.
Discovery Process: Both sides engage in discovery, exchanging information and documents, and conducting depositions to gather more facts about the case.
Negotiation and Mediation: Even after a denial of liability, settlement negotiations or mediation may occur to attempt to resolve the case out of court.
Trial: If a settlement cannot be reached, the case proceeds to trial. The plaintiff must present evidence to prove the elements of negligence: duty of care, breach of duty, causation, and damages.
Even if the defendant admits fault, the plaintiff may still need to present evidence to fully illustrate the circumstances of the accident to the jury.
If you need assistance with a wrongful death claim, you can contact Hall & Dixon at 725 E. Trade Street Suite 115 Charlotte, NC 28202, or call (704) 993-6825. They are available Monday through Friday from 9 a.m. to 5 p.m.
Read: The Role of Expert Witnesses in North Carolina Wrongful Death Cases
