North Carolina Wrongful Death Attorney
We Stand Up For You
Coping with loss is never easy, especially if the beloved family member or friend you lost was a victim of negligence or an avoidable mistake. Between workplace negligence, defective products, dangerous drugs, and other hazards, there are several ways in which someone might suffer a fatal injury or illness. If this happens, make sure you know your legal options.
If you lose someone you love due to someone else’s negligence or mistake, you may be eligible to pursue legal action through a wrongful death lawsuit. Our knowledgeable attorneys can assess the details of your case and work with you to determine the best course of action for your particular case.
Working with our attorneys at CR Legal Team, you can expect the following benefits:
- 35+ years of legal experience
- Representing injured clients since 1989
- More than $500 million recovered on behalf of our clients
- Over 2,000 five-star reviews
- Consultations available in-person and over the phone
Call (866) 691-0607to discuss your wrongful death case with our North Carolina attorneys.
Types of Wrongful Death Claims
Wrongful death claims may arise in connection with a wide range of fatal accidents and injuries, including:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Dangerous drugs
- Defective medical devices
- Defective products
- Nursing home abuse
- Workplace accidents
North Carolina Wrongful Death Laws
Wrongful death claims in North Carolina are governed by N.C. General Statutes § 28A-18-2. This law allows the personal representative (often the executor or administrator of the deceased person’s estate) to bring a lawsuit on behalf of the surviving family members.
To succeed in a wrongful death claim, you must prove that:
- The defendant owed the deceased a duty of care (such as driving safely, providing proper medical treatment, or maintaining safe premises).
- The defendant breached that duty through negligence or wrongful action.
- The breach directly caused the victim’s death.
- The family suffered damages as a result.
In North Carolina, wrongful death claims must generally be filed within two years of the date of death. Failing to file within this period can permanently bar your right to recover compensation.
Who Can File a Wrongful Death Lawsuit?
Under North Carolina law, only the personal representative of the deceased person’s estate can file a wrongful death lawsuit. However, the damages recovered benefit the deceased’s surviving family members, typically including:
- The spouse
- Children
- Parents (if there is no surviving spouse or child)
- Other dependents or next of kin, in some cases
Our firm works closely with families and estate representatives to ensure all legal and procedural requirements are handled correctly. We understand the emotional weight of these cases and strive to make the legal process as smooth and stress-free as possible.
Compensation for Wrongful Death
The compensation available in a wrongful death case can vary depending on the circumstances, but generally includes both economic and non-economic damages.
Economic Damages
These are the measurable financial losses suffered as a result of your loved one’s death, such as:
- Medical bills related to the fatal injury or illness
- Funeral and burial expenses
- Lost income and benefits the deceased would have earned
- Loss of inheritance
Non-Economic Damages
These compensate for the emotional and intangible losses, including:
- Loss of companionship, guidance, and protection
- Emotional pain and suffering of surviving family members
- Loss of care and comfort
In some cases, punitive damages may also be awarded if the defendant’s actions were willfully reckless or intentional, such as in drunk driving or violent crime cases.
Wrongful Death FAQs
How long do I have to file a wrongful death claim in North Carolina?
You generally have two years from the date of death to file a wrongful death lawsuit. Missing this deadline could mean losing your right to recover damages, so it’s important to speak with a lawyer as soon as possible.
What’s the difference between a criminal case and a wrongful death lawsuit?
A criminal case seeks to punish the wrongdoer for breaking the law (such as in a homicide or DUI case), while a wrongful death lawsuit is a civil action that seeks financial compensation for the family’s losses. These cases can occur simultaneously and independently.
Do I need an attorney for a wrongful death claim?
Yes. Wrongful death cases involve complex legal issues, including proving negligence, calculating damages, and navigating estate procedures. An experienced North Carolina wrongful death lawyer can handle every aspect of your claim and protect your rights.
Can I file a wrongful death lawsuit if the deceased person had no will?
Yes. Even if there was no will, the court can appoint a personal representative to act on behalf of the estate and pursue the wrongful death claim.
How much is a wrongful death case worth?
The value of a wrongful death claim depends on multiple factors, such as the deceased’s age, income, life expectancy, and the extent of the family’s emotional loss. CR Legal Team will carefully evaluate your case to pursue maximum compensation.
Let CR Legal Team Help You
If you lost a loved one due to someone else’s mistake or negligence, our firm wants to hear from you. We can evaluate the circumstances of your case and help determine who is liable for the circumstances that caused your loved one’s untimely death.
We understand that clients dealing with wrongful death cases are going through some of the most difficult periods of their lives, which is why we are committed to providing compassionate, personalized legal counsel each step of the way. And while you’re coping with the emotional hardship, you might also be set with significant financial difficulty. Hefty financial burdens often accompany unexpected deaths, and can include medical bills, loss of wages, and funeral and burial expenses. At CR Legal Team, we want to help you recover financial losses and hold the appropriate party responsible for their part in your loved one’s fatal injuries or illness. We have decades of experience handling wrongful death cases, and we’re here to protect your best interests.
Contact CR Legal Team today to get in touch with our North Carolina wrongful death attorneys.
