Did you recently lose a loved one in Durham, NC, because of something someone else did? Few experiences are more painful or upsetting, and it’s normal to feel overwhelmed and unsure of what to do next. Fortunately, you don’t have to take that step alone. The compassionate team with Kornbluth Ginsberg Law Group, P.A., is here to guide you.
Our North Carolina wrongful death lawyers understand the pain of losing someone unexpectedly and want to help you get the compensation you could be entitled to under the law. We are prepared to handle your wrongful death claim with compassion and respect, and to honor the trust you’ve placed in us by fighting hard for the justice you and your family deserve.
We invite you to contact our wrongful death law firm today for a free, no-obligation initial consultation so that you can learn more about your options.
How a Durham, NC, Wrongful Death Attorney Can Help You
If you have recently lost someone you loved, an experienced wrongful death lawyer in Durham can help you pursue justice and accountability by:
- Investigating the details of the wrongful death incident
- Gathering evidence to support your claim
- Interviewing witnesses who were present at the time of the incident
- Consulting with experts to strengthen your case
- Calculating the full extent of the compensation you are entitled to
- Preparing and filing all necessary claim documents on time
- Negotiating with insurance companies on your behalf
- Representing you in court hearings and other legal proceedings
- Addressing any challenges or objections from the opposing side
- Securing the maximum compensation available for your loss
- Never charging any fees unless compensation is recovered
What Compensation Is Recoverable in a Wrongful Death Claim?
If someone dies due to another’s wrongful act in North Carolina, their surviving loved ones can seek compensation for various types of losses through a wrongful death claim. Under the North Carolina wrongful death statute, this could include compensation for:
- Medical Costs – Families can recover compensation for the costs of medical care, treatments, and hospitalizations that the deceased required as a result of the injuries leading to their death.
- Pain and Suffering – Compensation is also available for the physical and emotional pain and suffering the decedent endured prior to their death.
- Funeral Expenses – Survivors can claim compensation for reasonable expenses associated with the decedent’s funeral and burial services, which are often significant and unplanned.
- Monetary Value of the Decedent – This compensation addresses the financial impact of the decedent’s death on their family, including the expected net income that the decedent would have earned if they had survived. It also includes the subjective value of the services, protection, and care and the companionship, comfort, and guidance they provided to their loved ones.
In addition to the above types of compensation, survivors can recover two other types of damages (monetary awards) in North Carolina wrongful death claims. These include:
- Punitive Damages – In cases where the wrongful act was committed out of malice or with willful or wanton disregard for safety, the court may award punitive damages. The purpose of punitive damage awards is to punish the wrongdoer for their actions and act as a deterrent to prevent similar conduct in the future.
- Nominal Damages – Nominal damages are a small amount of money awarded in a lawsuit when a legal wrong has occurred, even though there is no substantial harm or actual loss to compensate. Essentially, nominal damages serve a symbolic purpose. They aim to acknowledge that the defendant is legally at fault for violating the claimant’s rights or some other wrong, even if it didn’t result in significant financial loss.
How Are Wrongful Death Settlements Paid Out?
In North Carolina, the process of paying out wrongful death compensation follows certain state laws. Specifically, if a wrongful death claim results in a settlement, the law determines how to distribute the funds according to the rules of intestate succession, even if the deceased had a will. This means the money goes to family members based on their legal relationship to the deceased, following a set priority.
Here’s how it typically works:
- Immediate Family First – The spouse and children of the deceased are the primary beneficiaries. If there is a surviving spouse but no children, the spouse gets everything. If there are surviving children but no spouse, everything gets divided among the children. If there is a surviving spouse and children, the spouse gets a portion of the settlement, and the children divide the remainder.
- Parents and Siblings – If the deceased had no spouse or children, the settlement might go to their parents or siblings, depending on who is still alive and their relationship to the deceased.
- Extended Family – In cases where there are no immediate family members, the settlement could get distributed among more distant relatives, like grandparents, aunts, uncles, or cousins.
Importantly, several specific payments must take place before the distribution of wrongful death settlement funds to the family:
- The personal representative of the decedent’s estate must reimburse the estate for any litigation expenses related to the wrongful death claim.
- A portion of the recovered funds must go toward the attorneys’ fees.
- The remaining funds get distributed to wrongful death beneficiaries per North Carolina intestate succession laws.
The law generally prohibits creditors from demanding wrongful death settlement funds to pay the decedent’s debts or other financial obligations. The only exceptions include burial expenses and final hospital and medical expenses related to the deceased’s fatal injury. However, these payments are capped at $4,500 and may not exceed 50 percent of the settlement after deducting attorneys’ fees.
In a wrongful death case in North Carolina, you must prove that your loved one’s death resulted from someone else’s wrongful actions or inaction. To support your case, your lawyer can gather and present various types of evidence, such as:
- Eyewitness Testimony – Witnesses who saw the incident occur can provide firsthand accounts that establish what happened and who was at fault.
- Medical Records – These documents can detail the injuries the deceased sustained and the subsequent medical treatment they received, linking the cause of death to the incident.
- Expert Testimony – Experts in fields such as medicine or accident reconstruction can explain how the defendant’s actions or inaction contributed to the fatal outcome.
- Photos or Videos – Visual evidence from the scene of the incident can illustrate the circumstances leading to your loved one’s death and establish liability.
In North Carolina, the only person with the authority to file a wrongful death lawsuit is the personal representative of the deceased’s estate. The personal representative is usually the executor whom the deceased nominated in their will. If the executor is unable or unwilling to serve, or if no will exists, the court can appoint an administrator to handle the wrongful death lawsuit instead.
While the personal representative is responsible for initiating and managing the lawsuit, it’s worth noting that they do not receive compensation from the lawsuit themselves. Any financial compensation from a successful wrongful death lawsuit goes to the deceased’s surviving family members. This approach ensures that the settlement supports the immediate needs and future welfare of the deceased’s spouse, children, or other close family members who depended on them.
The North Carolina wrongful death statute of limitations gives you two years from the date of your loved one’s death to file a wrongful death lawsuit. If you do not file your lawsuit within this two-year window, you will likely lose the opportunity to seek compensation, as the court will refuse to hear your case. This means prompt action is essential.
Given this strict deadline, you should contact a lawyer from Kornbluth Ginsberg immediately if you believe you have a wrongful death claim. We can identify the relevant dates and file your lawsuit within the appropriate time frame. By hiring an attorney promptly, you can avoid the potential pitfalls of missing important deadlines.
Understanding the types of situations that can lead to a wrongful death claim can help you recognize when you might have a legal case. Wrongful death cases commonly involve deaths stemming from:
- Traffic Accidents – If a driver causes a fatal accident while speeding, driving under the influence, or violating traffic laws, the victim’s family might have a wrongful death claim.
- Workplace Injuries – Some fatal accidents occur in workplaces, especially in industries like construction, where work environments are inherently hazardous. Employers could be liable for work-related deaths if they fail to follow safety regulations or provide proper equipment.
- Product Defects – Sometimes products can contribute to fatal consumer accidents if they are defective, poorly designed, or inadequately labeled. If a death results from such a product, the manufacturer or distributor could be liable.
- Criminal Acts – In instances where a death results from a criminal act such as assault, homicide, or drunk driving, survivors can sue the perpetrator for wrongful death in civil court. This is true regardless of whether the offender is tried or convicted in a criminal case.
Contact a Durham, NC, Wrongful Death Lawyer Today
If you are seeking justice for the wrongful death of a loved one in Durham, NC, Kornbluth Ginsberg is here to help. We understand the challenges you face and are here to provide dependable support and legal assistance.
Don’t face this difficult time alone. Contact our Durham wrongful death attorneys today for an initial consultation, and let us help you pursue the compensation and accountability you deserve.
