Raleigh Wrongful and Accidental Death Lawyers

Wrongful Death Lawyers Serving North Carolina

Under North Carolina law, you have the right to receive compensation for the death of a family member caused by the mistake, negligence, recklessness, or intentional actions of a person or business. Our experienced Raleigh wrongful death lawyers can help.

Our compassionate team helps clients with medical care, medical bills, property damage, and dealing with the stress of their physical recovery. We provide support, care, and concern in the aftermath of tragedies.

As former insurance defense attorneys, we know how to fight for every penny you deserve.

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Raleigh Wrongful Death Claims

Wrongful death claims are a type of legal action that can be brought against an individual or entity who has caused the death of another person due to their negligence or wrongdoing. These claims are designed to provide financial compensation to the surviving family members of the victim, and are often brought in cases where the victim's death could have been prevented if the defendant had acted responsibly. Losing a loved one because of an accident or someone else’s actions is painful and overwhelming.  Not only are you dealing with your own personal grief, you are also faced with the stress of dealing with your loved one’s financial affairs and personal injury claim. The process can be difficult and complex to manage alone.

Wrongful Death Laws in North Carolina

In North Carolina, wrongful death claims are governed by state law, which sets out specific rules and procedures for bringing such claims. These laws are designed to provide a fair and just resolution for the surviving family members of the victim, while also holding the responsible parties accountable for their actions.

The wrongful death statute in North Carolina is a legal provision that allows the surviving family members or beneficiaries of a deceased person to seek damages in a civil lawsuit if the death was caused by the negligence, recklessness, or intentional wrongdoing of another person or entity. The purpose of the wrongful death statute is to provide financial compensation to the surviving family members for the loss of their loved one, as well as to hold the responsible party accountable for their actions.

Under North Carolina law, the wrongful death statute is contained in the state's civil code, which outlines the legal remedies available to the surviving family members in a wrongful death action. The statute allows the surviving family members to bring a lawsuit against the person or entity responsible for the death, and to seek damages for the loss of their loved one's financial support, companionship, and other intangible benefits.

Who Can File a Wrongful Death Claim in Raleigh, NC?

The wrongful death statute in North Carolina is an important legal provision that allows the surviving family members of a deceased person to seek damages for the loss of their loved one. By bringing a wrongful death action, the surviving family members can hold the responsible party accountable for their actions and seek financial compensation for the losses they have suffered as a result of the death. This may include lost wages, medical bills, and other expenses that were incurred as a result of the victim's death.

In North Carolina, a wrongful death claim can be brought by the personal representative of the deceased person's estate. The personal representative is typically appointed by the court and is responsible for managing the estate and bringing any legal claims on behalf of the estate.

In North Carolina, the personal representative has the right to bring a wrongful death claim if the deceased person would have been able to bring a personal injury claim if they had not died. This means that the wrongful death claim must be based on the same type of harm that would have given rise to a personal injury claim if the person had not died. For example, if the deceased person was killed in a car accident caused by another driver's negligence, the personal representative could bring a wrongful death claim based on the driver's negligence.

In addition to the personal representative, certain family members may also be able to bring a wrongful death claim in North Carolina. These family members include the spouse, children, and parents of the deceased person. If the deceased person did not have a spouse, children, or parents, other family members may be able to bring a wrongful death claim, depending on their relationship to the deceased person and the circumstances of the case.

Once the eligibility requirements have been met, the surviving family members can then file a wrongful death claim in North Carolina. This typically involves filing a complaint in the appropriate court, which will outline the details of the case and the damages that the surviving family members are seeking.

Once the wrongful death claim has been filed, the process of negotiating a settlement or going to trial will begin. If the parties are able to reach a settlement, the case will be resolved without the need for a trial. However, if the parties are unable to reach a settlement, the case will proceed to trial, where a judge or jury will determine the outcome.

The Best Raleigh Wrongful Death Lawyers Will:

• Thoroughly investigate your accident

• Explain your options

• Guide you through the claims process

• Negotiate with the at-fault party and its insurance company

• File a lawsuit if necessary

• Above all else, fight for you

How To File a Wrongful Death Claim in Raleigh, NC

The first step in bringing a wrongful death claim in North Carolina is to determine whether the victim's death was caused by the defendant's negligence or wrongdoing. This typically requires the help of an experienced wrongful death attorney, who can review the facts of the case and determine whether the victim's death was the result of the defendant's actions or inaction.

If it is determined that the defendant's actions or inaction were the cause of the victim's death, the next step is to determine who is eligible to bring a wrongful death claim. In North Carolina, the following individuals are typically eligible to bring a wrongful death claim:

• The victim's spouse

• The victim's children

• The victim's parents

• The victim's siblings

• The victim's personal representative

What Is the Statute of Limitations for Wrongful Death Claims in North Carolina?

There are certain time limits in place for bringing a wrongful death action in North Carolina. Under the state's statute of limitations, the surviving family members must bring their wrongful death claim within two years of the date of the victim's death. If the surviving family members fail to bring their claim within this time period, they may be barred from recovering any damages.

Common Causes of Wrongful Death Accidents in Raleigh, NC

Wrongful death accidents take many different forms.  Some of the most common cause of wrongful death cases our Raleigh personal injury lawyers help with are:

• Construction accidents (scaffolding, open pits, inadequate warnings, improper equipment)

• Vehicular manslaughter

• Drunk driver cases

• Pedestrian accidents

• Uneven walkways and sidewalks

• Insufficient caution/warning signs

• Falling objects and tree branches

• Medical malpractice

• Over-service of alcohol (dram shop)

• Nursing home neglect and abuse

• Injuries in a pool, lake, or at the beach

• Car accidents

• Truck accidents

Types of Injuries Involved in Wrongful Death Accidents in Raleigh, NC

Wrongful death accidents can be sudden or be the conclusion of months or even years of medical treatment and suffering.  Some of the most common types of injuries our Raleigh wrongful death attorneys and injury lawyers see in their cases are:

• Back and spine injuries

• Neck injuries

• Brain injuries

• Sprained and bruised knees, ankles, wrists, hips, and shoulders

• Broken bones

• Fire, electrocution, and burns

• Drownings

• Eye injuries

• Hearing loss

• Amputations

• Chest and abdominal injuries

• Anxiety and psychological injuries

Damages You Can Recover for a Wrongful Death Accident in Raleigh, NC

The accident or wrongful death of your loved one may entitle you to monetary payments and compensation.  Some of the most common types of damages (explained in more detail here) recovered in the cases handled by our Raleigh wrongful death lawyers are:

• Medical bills paid/reimbursed

• Lost wages and income for time missed at work

• Pain and suffering/mental anguish

• Loss of consortium if your accident affected your relationship with your spouse

• Loss of companionship, society, and services

• Statutory damages for beneficiaries

• Punitive damages to punish the other party for particularly bad, reckless, or outrageous conduct that caused your injuries

It is important to note that the amount of damages that can be recovered in a wrongful death claim in North Carolina is generally limited to the actual damages that were incurred as a result of the victim's death. This means that the surviving family members cannot recover damages for their emotional suffering or grief.

Wrongful Death: More Complex Than Personal Injury in Raleigh, NC

If you lose a loved one or family member in an accident because of someone else’s actions, the loss is often painful and overwhelming.  Not only are you dealing with your own personal grief, you are also faced with the stress of dealing with your loved one’s financial affairs and personal injury claim. But wrongful death claims also typically involve police investigations, government regulations, and investigations into corporate policies and negligence.

In conclusion, wrongful death claims in North Carolina are a legal action that can be brought against an individual or entity who has caused the death of another person due to their negligence or wrongdoing. These claims are designed to provide financial compensation to the surviving family members of the victim, and are governed by state law. If you have lost a loved one due to the actions or inaction of another party, it is important to speak with an experienced wrongful death attorney to determine your legal options.

How Do I Find the Best Raleigh Wrongful Death Lawyer for My Case?

Like every profession, injury lawyers vary in experience, skills, style, dedication, and levels of customer service so “best” can mean different things to different people. It’s a good idea to see if the injury lawyers you are considering have positive client testimonials, good (and recent) case results, and are passionate about helping others. It depends on whether you want to hire a law firm that works with thousands of clients every year or a smaller firm that only focuses on a limited number of cases. The relationship between lawyer and client requires a significant amount of trust and communication over an extended period of time, so the most important factor is choosing a lawyer that “feels right” to you.

Schedule a Free Consultation With Our Raleigh Wrongful Death Lawyers Near You

Though accidental death cases in North Carolina may seem similar to personal injury claims, a wrongful death claim is far more complex to pursue than the average car accident. Only experienced wrongful death attorneys in Raleigh, NC are able to investigate, evaluate, and prepare an accidental death case in order to recover its full value. Contact our wrongful death and injury attorneys in Raleigh, NC to discuss when and how to start on your case.