Wrongful Death Attorney in North Carolina
Have you lost a loved one due to someone else’s negligence or misconduct in North Carolina? At Kornbluth Ginsberg Law Group, P.A., we understand how devastating and overwhelming this time must be for you, and we want to help you overcome it.
It’s natural to feel powerless and uncertain, but you should know that you have the right to seek justice and fair compensation by filing a wrongful death claim. Contact our wrongful death law firm today for an initial consultation, and let us pursue it on your behalf.
How a North Carolina Wrongful Death Attorney Can Help You
A North Carolina wrongful death attorney from Kornbluth Ginsberg can provide essential support and guidance for your wrongful death claim in North Carolina. We can help you every step of the way by:
- Explaining your legal rights and all possible courses of action
- Assessing your case thoroughly to establish a solid legal strategy
- Gathering compelling evidence to support your claim
- Working with experts to draw useful conclusions from the evidence
- Conducting interviews with individuals who witnessed the event
- Estimating the appropriate compensation for your loss
- Submitting all necessary claim paperwork on time
- Handling negotiations with insurance providers to secure a fair settlement
- Advocating for your interests during court hearings
- Meeting all filing deadlines to maintain the validity of your claim
What Compensation Is Recoverable in a Wrongful Death Claim?
If someone dies due to another party’s negligence or intentional actions in North Carolina, their surviving loved ones can file a wrongful death claim. This type of claim allows the family to seek financial compensation for their loss. The following is a breakdown of the types of compensation that are recoverable in wrongful death claims under the North Carolina wrongful death statute:
- Medical and Care Expenses – The family can recover compensation for the costs of any medical care, treatments, and hospitalizations related to the injuries that caused the decedent’s death.
- Pain and Suffering – Compensation is available for the physical pain and emotional suffering the decedent experienced before their death as a result of their fatal injuries.
- Funeral Costs – Survivors can recover compensation for any reasonable expenses they incur for funeral and burial services for the decedent.
- Monetary Value of the Decedent – This compensation addresses the loss of the current monetary value of the decedent to their family. It includes the net income the decedent would reasonably have been expected to earn if they had lived. It also covers the subjective value of the services, protection, care, companionship, and guidance the decedent would have provided.
In some cases, surviving loved ones can also recover the following types of damages (financial awards) from North Carolina wrongful death claims:
- Punitive Damages – The family may seek punitive damages if their loved one’s death resulted from the defendant’s malice or willful or wanton conduct. The purpose of punitive damages is not to provide compensation for the family’s loss. Instead, punitive damages aim to punish the wrongdoer for their behavior and deter similar conduct in the future.
- Nominal Damages – If the court finds it appropriate, it may award nominal damages in certain situations. These damages are small sums of money awarded to acknowledge that a wrong has occurred, even when the actual monetary losses are minimal or difficult to quantify.
How Are Wrongful Death Settlements Paid Out?
In North Carolina, state laws govern the process of distributing wrongful death settlements, regardless of whether the deceased left a will. Specifically, the law says these funds must be allocated according to North Carolina’s Intestate Succession Act, which prioritizes the distribution to various family members based on their relationship to the deceased. Here’s how the settlement distribution process works:
- Primary Beneficiaries – The spouse and children of the deceased typically receive the settlement funds first. If the deceased is survived by a spouse but no children, the entire settlement goes to the spouse. If there are children but no spouse, the children share the settlement funds equally. If the deceased leaves behind both a surviving spouse and children, the spouse receives a portion, and the remainder gets divided among the children.
- Secondary Beneficiaries – In the absence of a surviving spouse or child, the deceased’s parents or siblings are next in line. The distribution among these relatives depends on who survives the deceased and their relationship to the deceased at the time of death.
- Distant Relatives – If the deceased has no immediate family, the settlement might go to more distant relatives, such as grandparents, aunts, uncles, or cousins.
Notably, before the family receives any settlement funds, the personal representative of the estate must address certain financial responsibilities:
- They must pay for any expenses the estate incurs from the wrongful death lawsuit.
- They must use the settlement funds to cover attorneys’ fees.
- The remaining money goes to wrongful death beneficiaries per North Carolina’s intestate succession laws.
It’s also worth noting that creditors typically cannot claim wrongful death compensation to settle the debts of the deceased. Exceptions exist, however, for essential expenses like burial costs and the deceased’s final medical bills. These payments are strictly limited to $4,500 or 50 percent of the remaining settlement after deducting attorneys’ fees to ensure the bulk of the funds go to the family.
What Do You Have to Prove in a Wrongful Death Case?
In a wrongful death case in North Carolina, you must prove that another person’s actions or inaction directly caused the death of your loved one. A wrongful death lawyer in North Carolina can show that the death would not have occurred if not for the conduct of the defendant with evidence such as:
- Photos and Video Footage – Visual evidence from the scene can capture crucial details like the positioning of objects, environmental conditions, and the aftermath of the incident.
- Medical Records – These documents can link the direct medical consequences of the defendant’s actions to the decedent’s health and eventual death.
- Witness Testimony – Eyewitnesses can provide detailed accounts of the incident, describing specific actions and conditions that contributed to the death.
- Expert Opinions – Specialists in various fields can analyze the available evidence and offer professional judgments that support key aspects of your case.
Who Can File a Wrongful Death Lawsuit?
In North Carolina, only the personal representative of the deceased’s estate has the authority to file a wrongful death lawsuit. This representative is often the executor that the deceased named in their will. However, if the executor cannot or will not handle the lawsuit, or if there is no will, the court can appoint someone else as a personal representative.
Although the personal representative is the one who files the lawsuit, any compensation from a successful wrongful death claim does not go to the representative personally. Instead, it goes to the deceased’s surviving family members. This way, the family members who suffer from the loss receive the financial support from the lawsuit, even though they are not the ones who file it.
How Long Do I Have to File a Wrongful Death Lawsuit in North Carolina?
The North Carolina wrongful death statute of limitations allows you two years from the date of a deceased person’s death to initiate a wrongful death lawsuit. If you miss this deadline, the court will likely refuse to hear your case, and you will lose the opportunity to seek compensation for your loss.
In light of this strict time limit, it’s best to contact a lawyer immediately if you are considering a wrongful death lawsuit. An experienced lawyer can identify important deadlines and prepare your claim within the required filing window. By promptly taking action and securing legal representation from Kornbluth Ginsberg, you can protect your right to pursue the compensation you deserve for your loss.
What Are the Common Wrongful Death Cases?
A wrongful death claim arises when someone loses their life due to another party’s irresponsible or unlawful actions. Here are some common scenarios that can lead to wrongful death cases:
- Motor Vehicle Accidents – Motorists can cause fatal accidents due to driving while intoxicated or engaging in aggressive driving behaviors. Families of those killed in such incidents can pursue wrongful death claims to seek justice and compensation.
- Defective Product Incidents – If consumers suffer fatal harm from defective products, survivors might have wrongful death claims against manufacturers, distributors, or retailers. This could be due to design flaws, manufacturing errors, or failures to provide adequate warnings.
- Workplace Accidents – Fatalities in the workplace can result from employer negligence, such as failing to enforce adequate safety measures or provide functional equipment. In such cases, families can file wrongful death claims to hold employers accountable.
- Criminal Acts – Wrongful death claims resulting from criminal acts such as manslaughter allow families to seek civil remedies in addition to criminal prosecutions. These claims focus on obtaining compensation for the survivors and holding the offender financially liable.
Contact a North Carolina Wrongful Death Lawyer Today
Are you ready to take action for what you’ve lost? Then reach out to Kornbluth Ginsberg. Our knowledgeable North Carolina wrongful death lawyers are here to discuss your case, answer your questions, and provide the support you need during this challenging time.
