Fatal Car Accidents: Asheville Wrongful Death Lawsuits

Melrose Law is committed to helping Western North Carolina families who have lost a loved one due to a mistake by a careless driver. After a fatal accident, the spouse, children, and other relatives of the victim can sue the drivers found at fault to get financial help. A wrongful death claim can seek assistance with paying medical bills and dealing with the income lost that the deceased had always provided.

Our Asheville Wrongful Death Attorneys offer a free and confidential case consultation to all family members. There’s never any obligation for this risk-free meeting. We want to ensure families know about all the benefits they can demand and how to make sure an at-fault driver is held accountable.

Should My Family Get a Lawyer After Losing Someone in a Fatal Car Accident?

If car insurance companies would accept full responsibility for their policyholders’ mistakes, families could probably file wrongful death claims on their own and get fair treatment. Unfortunately, insurers often work against victims, hoping to limit what families receive at such a difficult time.

Insurance adjusters may look for ways to blame the deceased for the accident, even if an accident report clearly points to someone else. They may also keep the family in the dark about every benefit available to them.

Your Asheville Car Accident Lawyer is your protection during the frustrating claims and lawsuit process. Melrose Law would fully investigate your loved one’s accident and collect evidence so the story couldn’t be changed. Then we’d work to secure justice on behalf of your family. That often means securing much more support for families than they could hope to win for themselves.

A Buncombe County ambulance crossing Amboy Road, ready to respond to the next traffic accident
A Buncombe County ambulance crossing Amboy Road, ready to respond to the next traffic accident

Fatal Car Accident Risks in Western North Carolina

Traffic collisions often carry enough force to leave victims with traumatic injuries. Travel on local highways is probably the most dangerous thing we do in a normal week. And those deadly risks can be magnified when driving around Asheville and in the surrounding mountains.

Steep declines can help vehicles build speed that adds additional force in accidents and leads to more serious consequences. A sideswipe on a narrow lane can send drivers off the road and off cliffs to suffer frightening rollover injuries. Drivers can also lose control in tight mountain curves, heading over yellow lines into a devastating head-on collision.

Victims can suffer catastrophic injuries that leave them hanging on in intensive care at Mission Hospital. Sadly, there are times when doctors can’t save victims’ lives.

The numbers collected annually by the NC DOT show that Asheville still sees far too many accidents ending in death each year. In 2023, Asheville recorded at least 19 traffic-related deaths. That was up from 2022, when there were 13 fatalities blamed on car accidents.

Once a tragedy occurs, it can’t be reversed, but it’s still critical that insurance companies for at-fault drivers accept full liability. They can’t be allowed to deny those family members left behind financial support in rebuilding their lives.

A wrongful death attorney makes sure insurance providers can’t ignore the family’s struggle to pay funeral bills and leftover medical expenses. A skilled attorney also makes sure victims have money to avoid financial turmoil in the future they’ll face without a loved one.

Who Can File a Wrongful Death Claim in North Carolina?

In North Carolina, the person authorized to represent the deceased’s estate can file a wrongful death claim against an at-fault driver.

In North Carolina, these representatives would usually represent the family in a lawsuit:

  • The executor named in the victims’ will
  • A judge can name someone like a spouse, an adult child, or the next of kin as the administrator if an executor wasn’t selected

This personal representative would act on behalf of all members of the family who could show they were dependent on the car accident victim. Parents, siblings, and others might be able to claim a part of the settlement provided by an at-fault driver’s insurance company.

A North Carolina wrongful death lawyer can help an executor hold an insurance company accountable and work for the benefit of the entire family. A lawyer can also work for the benefit of individual members of the family to ensure that fair support is provided to our clients.

What Type of Support Can My Family Receive After a Fatal Asheville Accident?

Families who are suddenly robbed of their loved ones in a car accident should be able to count on help with many of the hardships they’ll face. They should expect assistance with the financial burdens that will suddenly arise. They should also get help in coping with the incredible grief they’ll face. It includes the loss of care and guidance they’ve lost for future life events such as graduations, weddings, and the birth of children.

These are just a few of the benefits your family’s lawyer seeks for close relatives:

  • Money to cover all funeral and burial costs
  • Money to completely cover accident response fees and all hospital bills that may have built up while a loved one was still alive
  • Reimbursement for any income the victim used to support the family each month
  • Support for the emotional trauma that family members have had to endure
  • Support for the loss of guidance and a sense of security that the deceased can no longer provide
  • The loss of intimacy suffered by the spouse of the victim
  • Expenses of counseling and other mental health services

Investigative Resources for Families Who Lose a Loved One to a Fatal Car Accident

If your family trusts their wrongful death case to a lawyer, your attorney will gather evidence, which includes an accident report, for you.

If you need to secure an accident report or a document from the Chief Medical Examiner, here are some helpful links:

  • An accident report from the Asheville Police Department (APD) can be requested online. You can find out more about securing an accident report on our informational page.
  • An accident report from the Buncombe County Sheriff’s Department or the NCSHP would also be requested online. We have more information about securing this valuable document here.
  • Families may also need a report from the North Carolina Office of the Chief Medical Examiner. Families fill out a request form here.

Mental Health Resources for Grieving Families in Buncombe County

After such a traumatic loss, family members can require help in the immediate aftermath coping with their grief. This assistance may be needed months later and for years to come.

For help rebuilding their sense of mental well-being, Mission Hospital of Asheville partners with several support groups in the area. They point those who have lost someone to the CarePartners Solace Center at 21 Belvedere Road in South Asheville.

Family members coping with grief can join a variety of specific groups that suit their needs:

  • Grief 101 – Mission Hospital recommends that those interested in grief support attend this informational meeting to learn about all the different groups available.
  • Men’s Group
  • Spouse/Partner Loss Group
  • Journey Through Grief Group
  • Groups that Meet in Brevard, Franklin, and Marion

Contact an Asheville Wrongful Death Car Accident Attorney

Your Melrose Law lawyer will fully investigate the tragic circumstances that claimed your loved one’s life. We collect all evidence to make sure the blame stays with a careless driver, and an insurance company is put on alert that it will be held fully accountable.

Our lawyers offer free consultations to family members in Asheville, Waynesville, and across Western North Carolina. This informational session is confidential and comes without any obligation. 

If your family requires our help to earn more in support, they won’t need to find the money to hire a lawyer. We don’t get paid unless we win your case for you. Then, our attorney’s fee comes out of the settlement check a car insurance company provides to you and your family.

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$3.025 Million settlement by Mark R. Melrose and co-counsel in a medical malpractice case for 40 year old man who suffered a devastating stroke after his surgeon failed to diagnose the cause of his bowel infarction. The doctor failed to read the echocardiogram which had clear evidence of a blood clot. This clot then broke apart and caused the stroke.

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