Wrongful Death Lawyer in Raleigh, NC

A surviving spouse may bring a wrongful death claim. If there is no surviving spouse, the children may bring the death claim. If there is not a surviving spouse or surviving children, the parents of the decedent may pursue the wrongful death claim. Absent a surviving spouse, surviving children, and surviving parents, the administrator of the decedent’s estate can sue on behalf of the estate.

A wrongful death claim arises under North Carolina law when someone’s death is caused by another party’s wrongful act, neglect, or default, and the victim could have filed a personal injury claim had they survived.

Who you can sue for your loved one’s wrongful death depends on who is responsible for their fatal injuries. A number of different parties might cause a wrongful death, depending on the type of accident and the circumstances surrounding it. For example:

• A negligent driver in a fatal car, truck, motorcycle, bicycle, or pedestrian crash
• A medical provider whose error or inaction caused a patient’s death
• A business that failed to maintain safe premises
• A manufacturer or distributor of a defective or dangerous product
• A government agency responsible for roadway hazards or safety violations
• The employer of a negligent driver if they were driving in the course and scope of their employment at the time.

The exact amount of compensation available in a North Carolina wrongful death claim depends entirely on the specific facts of the case, including the overall financial and emotional impact of the loss. As each case is unique, there is no standard amount for a wrongful death settlement or verdict.

North Carolina General Statute § 28A-18-2 lists all of the damages the victim’s personal representative can seek. Those damages include:

(1) Expenses for care, treatment and hospitalization incident to the injury resulting in death before the victim died;

(2) Compensation for pain and suffering of the decedent before they died;

(3) The reasonable funeral expenses of the decedent;

(4) The present monetary value of the decedent to the persons who depended on their income, including, but not limited to, compensation for the net income of the victim;

(5) “Services, protection, care and assistance” of the victim to their family; and

(6) “Society, companionship, comfort, guidance, kindly offices and advice” of the decedent to their family;

To prove these losses, the family must provide evidence, such as medical records, wage statements, personal testimony, and expert opinions, demonstrating the impact of the loss.

The types and amounts of damages awarded may depend on many factors, including the victim’s age, income, and life expectancy, as well as the nature of the relationships they left behind.

While calculating economic losses is relatively straightforward because they have exact dollar amounts, calculating non-economic losses can be more difficult. These damages are most likely to rely on testimony from the victim’s survivors. An attorney may also enlist support from outside experts who can testify to the effects of the loss based on their expertise.

If the person at fault acted in a willful and wanton manner or with malice in causing the victim’s death, the family can also seek punitive damages. Even if the defendant’s conduct did not amount to willful and wanton or malice, as a practical matter, courts, juries or insurance adjusters will also consider the circumstances of the death and the conduct of the responsible party.

North Carolina law imposes a two-year deadline for filing a wrongful death lawsuit in most cases, which generally expires two years from the date of death. Missing this deadline can permanently bar your right to recover compensation. As a practical matter, valuable evidence can be damaged or lost soon after a fatal accident.

It’s crucial to take legal action as soon as possible. Speaking with an attorney from Younce, Vtipil, Baznik & Banks early on gives your family the best chance of protecting your rights and building a strong case.

The timeline for a wrongful death lawsuit can vary widely depending on the unique circumstances. Some cases may resolve in a matter of months through settlement negotiations, while others can take years to resolve.

Various factors can affect the timeline, including:

• The complexity of the case
• The volume and quality of evidence
• The number of parties involved
• Whether any parties are disputing liability
• The amount of liability insurance available
• The stubbornness of the defendants and/or their lawyers

While no exact timeline can be guaranteed, working with an attorney can help to move the case forward as efficiently as possible.

The only person who can file a wrongful death lawsuit under North Carolina law is the personal representative of the victim’s estate. This person is typically either named in the deceased’s will or appointed by the court. If a sibling serves as the personal representative, they may file a claim, but the nature of their relationship to the victim itself does not entitle them to do so.

While a sibling cannot bring the claim unless they are the personal representative, they may still benefit from the outcome if they are a legal heir. Any compensation recovered in a wrongful death lawsuit is distributed according to North Carolina’s intestate succession laws. If the victim had no surviving spouse, children, or parents, siblings may be among the next in line to receive a share of the recovery. If the decedent had no will, the NCGS § 29-13, the intestacy statute, will govern the distribution of the proceeds.

Losing a loved one unexpectedly is overwhelming. You may be dealing with your grief while also trying to handle practical matters and make sense of what happened. You may have no idea what steps to take next. In this difficult time, the idea of pursuing a legal claim can feel like too much.

An experienced wrongful death attorney from Younce, Vtipil, Baznik & Banks can shoulder much of the burden for you. Instead of trying to navigate investigations, deadlines, paperwork, and discussions with insurance companies on your own, work with someone who will be focused on protecting your interests and pursuing the full compensation available to your family under North Carolina law.

Your wrongful death lawyer can:

• Investigate the fatal incident
• Identify all responsible parties
• Gather key evidence
• Calculate the value of your family’s losses
• Negotiate on your behalf for maximum compensation
• Prepare the case for trial if needed
• Help with the appointment of the personal representative
• See that any proceeds from the settlement or verdict are disbursed correctly

While no amount of money can replace your loss, having a strong legal advocate by your side can help you hold the right parties accountable and seek justice for your family.

In general terms, a wrongful death claim refers to a cause of action that may be brought by certain family members of a decedent whose death was precipitated by the wrongful conduct of another. The wrongful act that resulted in death may have been intentional, reckless, or negligent. In cases where a dangerous product caused the death, it may not be necessary to show wrongful conduct in order to recover.

Yes, even if the decedent never held a job, they may have contributed in some other way to the family. A good example of such a decedent is a housewife, who contributes services, guidance and nurturing to her family. These contributions are quantifiable as “pecuniary losses” in a wrongful death action.

Yes, in addition to the wrongful death, a decedent’s family may recover damages for the pain and suffering that the decedent endured prior to death.

It depends on whether a person dies as a result of the injuries or from unrelated causes. If a person injured in an accident subsequently dies because of those injuries, that person’s heirs may recover money through a lawsuit. If a person with a personal injury claim dies from unrelated causes, the claim survives in most cases and may be brought by the executor or personal representative of the deceased person’s estate.

Normally, the following are recoverable:

• Expenses associated with the death (medical & funeral);
• Loss of victim’s anticipated earnings;
• Pain and suffering; and
• The loss of care, protection, companionship to the survivors.

Given that wrongful death claims and survival actions generally involve a variety of complex legal issues, the first step is to consult an attorney at Younce, Vtipil, Baznik & Banks, P.A. An attorney should be consulted as soon as reasonably possible because there are statutes of limitations and possibly other critical deadlines that may impact the case.

The vast majority of all cases, including wrongful death cases, are settled prior to trial. Some cases are settled prior to the filing of a lawsuit, while others are settled during litigation or even on the steps of the courthouse just before trial. A wrongful death case, if litigated to trial, could last a number of years. One who pursues a wrongful death case should understand from the outset that a quick resolution cannot be guaranteed.