Wrongful Death Lawyer in Charlotte NC
Helping families pursue answers, accountability, and compensation after a tragic loss.
When someone dies as a result of the wrongful act, intentional or negligent, of another, North Carolina law allows the executor or administrator of that person's estate to file an action for wrongful death. Damages recoverable in a wrongful death action include funeral expenses for the decedent, and, if death was not instantaneous, expenses incurred for the care and treatment of the decedent prior to death, and for the decedent's pain and suffering prior to death. In addition, losses to those persons entitled to share in the award or recovery, such as loss of the services, care and assistance of the decedent, the society, companionship, comfort and guidance of the decedent, and losses attributable to earnings the decedent would have had are also recoverable.
Fatal Accident Lawyer in Charlotte
Under the wrongful death statute, the funds recovered in a wrongful death action are not considered assets of the decedent's estate and are not applied to the debts of the decedent, except for funeral expenses and a limited amount of medical expenses. The balance of the recovery, after payment of expenses incurred in maintaining the action, including attorney fees, is paid to those person entitled to share in the award. Under North Carolina law the people entitled to share in a wrongful death award are those people who would have been the decedent's heirs if the decedent had died without a will. This is true even if the decedent left a will.
While in North Carolina the statute of limitations period for most personal injury actions is 3 years, the period for wrongful death actions is only two years. Therefore it is important that action be taken to preserve and prosecute these claims without unnecessary delay.
Prosecuting a wrongful death claim involves a number steps, including:
- Investigating the circumstances of the incident resulting in death
- Identifying sources of insurance that may be available
- Setting up claims with insurance companies
- Setting up and administering the estate of the decedent
- Developing and presenting evidence relating to damages suffered by the decedent
- Identifying those persons entitled to share in the wrongful death award
- Developing and presenting evidence regarding the losses suffered by those persons
Because of this, serious consideration should be given to retaining an attorney to assist in prosecuting the claim.
If a loved one has been a victim of wrongful death, call PenistonDeason at 704-373-0203 or fill out the form. The initial consultation is free of charge, and if we agree to accept your case, we will work on a contingent fee basis, which means we get paid for our services only if there is a monetary award or recovery of funds. Don't delay! You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires.
If you or a loved one needs an attorney you can trust, call Peniston Deason now at 704-373-0203 or fill out our contact form. The initial consultation with a professional attorney is free of charge, and if we agree to accept your case, we will work on a contingent fee basis, which means the attorney gets paid for their services only if there is a monetary award or recovery of funds. There is no fee unless we win! Don't delay! You may have a valid case and be entitled to compensation, but you must contact a North Carolina attorney before the statute of limitations expires.
Frequently Asked Questions
1. What is a wrongful death claim?
A wrongful death claim is a lawsuit filed when someone dies due to the negligence or wrongful act of another person. It allows the decedent’s estate or heirs to seek compensation for losses related to the death.
2. Who can file a wrongful death lawsuit in North Carolina?
The executor or administrator of the deceased person’s estate can file the claim on behalf of the heirs, who are entitled to share in the recovery according to North Carolina law.
3. What types of damages are recoverable in a wrongful death case?
Recoverable damages include funeral and medical expenses, pain and suffering prior to death, loss of services and companionship, and lost earnings the deceased would have provided.
4. How long do I have to file a wrongful death lawsuit?
In North Carolina, the statute of limitations for wrongful death claims is two years from the date of death. Filing promptly is critical to preserving your right to compensation.
5. How do wrongful death attorneys get paid?
Most wrongful death attorneys work on a contingency fee basis, meaning they only get paid if your case results in a monetary award or settlement. Initial consultations are typically free.