Did you lose a loved one to a car wreck in Raleigh? If so, you need trusted guidance during this difficult time. You may demand answers and justice if someone else’s carelessness or recklessness caused your loved one’s death.
Wrongful death actions in North Carolina are governed by N.C. General Statute 28A 18-2.
In the aftermath of a tragic accident, you might feel understandably angry and confused. It may seem like you will never recover emotionally or financially from the loss you have suffered. Our compassionate attorneys can help you to seek full compensation for your loved one’s death.
Turn to the experienced Raleigh fatal car accident attorneys at Younce, Vtipil, Baznik & Banks, P.A., today for help. Call or reach us online for a free consultation.
How Our Raleigh, NC Attorneys Can Help After a Fatal Accident
Losing a loved one in a car wreck turns your whole world upside down. You may feel numb, angry, or unsure what to do next, and that is completely normal. A skilled fatal car accident lawyer can help you find steady ground while carrying the weight of your case.
At Younce, Vtipil, Baznik & Banks, our attorneys and staff have spent decades helping North Carolina families through some of the hardest moments of their lives. We recognize that you are likely facing large medical bills, lost income, and other financial pressure on top of your grief. We want to shoulder as much of that legal burden as we can. While we deal with the insurance companies and the court system on your behalf, you can spend your time focusing on your family and your own well-being.
When you call us for your free consultation, a licensed attorney will meet with you directly, listen attentively and compassionately to your story, and build a plan that fits your family’s needs. If you have grounds for a legal claim, our team can help by:
- Investigating the fatal car crash, securing key evidence before it gets lost or disappears, and identifying all liable parties
- Thoroughly evaluating your family’s damages according to the North Carolina Wrongful Death Act (C.G.S. § 28A-18-2)
- Pursuing all claims and communicating with the defendants and their insurance companies to protect your family’s rights
- Supporting your family through the legal system, including help with appointing a personal representative and properly disbursing compensation
- Negotiating for a fair wrongful death settlement and representing your family at trial when it’s in your best interest
Why Choose Younce, Vtipil, Baznik & Banks for Your Fatal Car Accident Claim?
Every year, families across North Carolina search for a law firm they can trust after a devastating car accident fatality. Here is what sets our fatal car accident lawyers in Raleigh apart:
- Extensive experience – Our attorneys have over 100 years of combined legal experience serving North Carolina families.
- Financial strength – We have the resources to take on large insurance companies without being pressured into a low settlement.
- Proven results – Our firm has recovered more than $150 million for clients, including a recent $3,336,000 settlement for a wrongful death case.*
- Personal attention – You will work one-on-one with a dedicated legal team rather than being passed from one attorney to another.
- Trusted stability – Many of our attorneys and staff have worked together for more than 20 years, and most of our new clients come to us because a past client trusted us enough to make a referral.
- Meticulous service – Our team uses a state-of-the-art case-tracking system to stay on top of every detail, from police reports to filing deadlines.
- Honest communication – We will give you straightforward advice about your claim so you always know where things stand – in English or Spanish, whichever you prefer.
Here is what one client had to say about their experience with our firm:
“From the very first conversation with David, I knew I was in good hands. Whenever I had questions or concerns, Karen and David were both quick to assist me. Not only are they top-notch in their profession, they’re also down-to-earth and compassionate. I am very happy with the outcome that they were able to provide me with. I highly recommend this group for your legal representation. You will be glad you did.” – Carolyn J.
*Each case is unique, and past results do not guarantee future outcomes.
How Common Are North Carolina Car Accident Fatalities?
Over a recent five-year period, North Carolina reported a yearly average of about 1,700 people killed in motor vehicle collisions. On a more local level, Raleigh had an average of 45 traffic accident fatalities each year.
Data shows that most of the state’s fatalities involved a lane departure (crossing the center line), while speeding was a contributing factor in about 24 percent of fatal car accident cases, 23 percent involved alcohol, and distracted driving contributed to 9 percent.
How Do You Prove Liability After a Fatal Car Accident?
Before your family can recover compensation, you must show that another driver or other party is legally responsible for your loved one’s death.
Our experienced car accident attorneys can conduct a thorough investigation to secure evidence that helps establish who caused the collision, including:
- Police crash reports often include an officer’s initial assessment of who caused the crash and may identify traffic violations. It may also identify witnesses, describe where there was a debris drop pinpointing the location of the collision, weather conditions, road conditions, etc.
- Eyewitness statements may confirm what happened before, during, and after the collision.
- Accident scene photos of the vehicles involved, the roadway, skid marks, and road debris can help form an idea of what happened.
- Traffic, dashboard, and surveillance camera footage might have caught the other driver’s behavior and the sequence of events surrounding the accident.
- Cell phone records may reveal that the at-fault driver was texting.
- Accident reconstruction experts use physical evidence to recreate the fatal crash and explain how it happened.
- Vehicle data recorders may prove that the other driver was speeding at the time of the crash.
This step is particularly significant in North Carolina wrongful death cases because the state follows a pure contributory negligence rule. This system bars surviving family members from recovering compensation for a wrongful death from a car accident if the defendant can prove that the victim’s own negligence contributed to the crash (North Carolina Pattern Jury Instruction, Motor Vehicle Volume 104.10). Our attorneys can work to protect your family’s wrongful death claim from this defense and present the facts in the strongest possible light.
Who Can Sue for Wrongful Death in North Carolina?
Some states permit the deceased victim’s family to file a wrongful death lawsuit directly in their own name, but North Carolina does not. In North Carolina, only the executor of the deceased person’s estate can file a wrongful death claim in court. The executor may be a family member, but he/she must file the wrongful death lawsuit in the name of the estate, not their own name. If the deceased had a will, they most likely named an executor. If they did not, or if the executor cannot or will not serve, the court will appoint one. Surviving family members such as spouses, parents, or adult children typically serve as personal representatives.
What Happens to Compensation Recovered in a Wrongful Death Claim?
North Carolina law does not let your loved one’s regular estate keep the money from a wrongful death action. N.C.G.S. § 28A-18-2 states that North Carolina’s Intestate Succession Act controls how you and your family will divide any compensation you recover, once your lawyer pays certain expenses like funeral costs and attorney’s fees. This law decides which family members receive money and in what order, such as a spouse, children, or parents.
Is There a Deadline to File a Wrongful Death Claim in North Carolina?
You do not have unlimited time when it comes to filing a wrongful death claim after a car accident in North Carolina. N.C.G.S. § 1-53 generally gives the personal representative of the victim’s estate two years from the date of the victim’s death to file a lawsuit, with some exceptions.
If the estate misses this deadline, the court will almost certainly dismiss the wrongful death lawsuit, regardless of how strong the evidence is. Because estate paperwork can be complicated and legal deadlines can move quickly, you should speak with an attorney as soon as possible.
What Are Some Ways to Financially Recover from a Fatal Car Crash?
The Raleigh attorneys at Younce, Vtipil, Baznik & Banks, P.A., know how to help victims’ families move forward after the loss of a loved one in a fatal car wreck. We understand that no amount of money can bring your loved one back or ease the emotional pain you feel. We also understand economic realities. You may be facing funeral costs and end-of-life medical bills while dealing with the sudden loss of your loved one’s income. You shouldn’t be burdened with financial stress because of someone else’s negligence. You may have a right to hold the at-fault driver and/or their insurance company financially accountable.
The damages our fatal car accident attorneys can help you to pursue include:
- Medical and funeral expenses — Emergency and end-of-life care are expensive. Ambulances, helicopters, surgeons, and hospital stays add to the cost. Funeral costs for a tragic accident are always unexpected. Families trying to make ends meet themselves have to come up with the money to provide their deceased loved one with the dignity of a proper goodbye. Medical bills and funeral costs to be paid through the proceeds of the wrongful death lawsuit are limited by statute to $4,500.00.
- Loved one’s pain and suffering — North Carolina allows the deceased person’s estate to seek damages for the deceased’s pain and suffering before he or she died.
- Loss of income — If your deceased loved one worked and helped support the household, then you and your family have lost that income. We can help you hold the negligent party financially responsible for that lost income, which can buffer the financial impact of their actions.
- Loss of services, care, companionship, comfort, and guidance — North Carolina law permits the decedent’s estate to sue for damages caused by the emotional and physical void the loss of the loved one leaves in the lives of close family members.
Who Is Responsible for a Fatal Car Accident?
Before you can pursue fair compensation for a fatal car crash, you will need to determine which party or parties are to blame for your loved one’s death. Some examples of responsible parties could include:
- Another motorist — Most fatal wrecks are vehicle-on-vehicle crashes in which one or both drivers are to blame. If the other driver was distracted, intoxicated, tired, or failed to obey the rules of the road and caused the crash that killed your loved one, they should compensate you and your family.
- Government entities — Government entities in North Carolina are responsible for designing and maintaining roads. A government’s negligence can include creating unsafe driving conditions by failing to provide proper signs and signals, not removing overgrown vegetation that impedes visibility, failing to properly design roads to be safe at reasonable speeds, and failing to provide adequate crosswalks.
- Construction companies — Construction companies and their managers or employees can be responsible for fatal crashes if they fail to put up the required signs or use flaggers to signal highway construction zones. A construction company may also be responsible if it used or stored construction equipment in a way that endangered motorists and caused a fatal collision.
- Employers — Employers are responsible for what their employees do within the course and scope of employment. As a result, the employer could be held liable if an employee caused a fatal accident while working. If the other vehicle involved in a crash was a commercial vehicle, our North Carolina accident attorneys can determine the owner of the at-fault vehicle, the driver’s employment status, the driver’s purpose for driving when the accident occurred, and whether the at-fault driver was qualified to drive that vehicle.
- Dining or drinking establishments — If a dining or drinking establishment over-serves alcohol to someone they knew would likely drive, and that person causes a crash, the establishment may be liable.
- Negligent entrustment — If a vehicle’s owner lets someone drive that vehicle while knowing the driver is inexperienced, incompetent, unlicensed, intoxicated or has a reckless driving history, the owner could be held responsible if the driver were to cause a fatal crash. This liability extends to parents being accountable for their children’s actions under North Carolina’s family purpose doctrine.
- Passengers — Passengers could cause or contribute to fatal car crashes as well. For example, if a passenger interferes with or distracts the driver, the passenger could be held liable if their actions were to cause a collision.
- Manufacturers — Sometimes, a design or manufacturing defect in a vehicle or one of its components can cause an accident. If that is the case, the manufacturer could be held liable for the results of that defect under product liability laws.
Our Raleigh Fatal Car Accident Attorneys Are Ready to Help You
Turn to an experienced Raleigh car accident lawyer at Younce, Vtipil, Baznik & Banks, P.A., today if you have lost a loved one in a crash. We have the commitment and experience to help grieving families seek full and fair compensation for the loss of their loved ones.
Attorney David E. Vtipil, who concentrates his practice on auto accident cases, is an active member of the North Carolina Bar Association, the Wake County Bar Association, and the North Carolina Advocates for Justice. He has received a “high to very high” rating for legal ability and a “very high” rating for ethical standards from the esteemed legal publisher Martindale-Hubbell.
Here’s what one client had to say about working with us:
Overall, excellent service and a very friendly staff. – Raquel B.
Contact us today for a free consultation.
