Raleigh Wrongful and Accidental Death Lawyers
If your loved one died as the result of an accident, their family members under North Carolina law have the right to receive compensation for the loss of their loved one. Our experienced Raleigh wrongful death lawyers can help.
Our compassionate team helps clients with medical care, medical bills, property damage, and dealing with the stress of estate planning after losing a loved one We provide support, care, and concern in the aftermath of tragedies.
As former insurance defense attorneys, we know how to fight for every penny you deserve.
Wrongful Death Lawyers Serving North Carolina
What Is Considered a “Wrongful Death” Claim in Raleigh, NC?
Wrongful death claims are a type of legal action that can be brought against an individual or entity who has caused the death of another person due to their negligence or wrongdoing. These claims are designed to provide financial compensation to the surviving family members of the victim, and are often brought in cases where the victim's death could have been prevented if the defendant had acted responsibly. Losing a loved one because of an accident or someone else’s actions is painful and overwhelming. Not only are you dealing with your own personal grief, you are also faced with the stress of dealing with your loved one’s financial affairs and personal injury claim. The process can be difficult and complex to manage alone.
Types of Injuries Involved in Wrongful Death Accidents in Raleigh, NC
Wrongful death accidents can be sudden or be the conclusion of months or even years of medical treatment and suffering. The estate of a deceased party can still bring claims for the pain and suffering experienced by the deceased person before their death (known as a “survival action”). Some of the most common types of injuries our Raleigh wrongful death attorneys and injury lawyers see in their cases are:
Back and spine injuries
Neck injuries
Brain injuries
Sprained and bruised knees, ankles, wrists, hips, and shoulders
Broken bones
Fire, electrocution, and burns
Drownings
Eye injuries
Hearing loss
Amputations
Chest and abdominal injuries
Anxiety and psychological injuries
Damages Our Raleigh Wrongful Death Attorneys Could Help You Recover
The accident or wrongful death of your loved one may entitle you to monetary payments and compensation. Some of the most common types of damages (explained in more detail here) recovered in the cases handled by our Raleigh wrongful death lawyers are:
Medical bills paid/reimbursed
Lost wages and income for time missed at work
Pain and suffering/mental anguish
Loss of consortium if your accident affected your relationship with your spouse
Loss of companionship, society, and services
Statutory damages for beneficiaries
Punitive damages to punish the other party for particularly bad, reckless, or outrageous conduct that caused your injuries
It is important to note that the amount of damages that can be recovered in a wrongful death claim in North Carolina is generally limited to the actual damages that were incurred as a result of the victim's death. This means that the surviving family members cannot recover damages for their emotional suffering or grief.
A Guide to Wrongful Death Claims in North Carolina
In North Carolina, wrongful death claims are governed by state law, which sets out specific rules and procedures for bringing such claims. These laws are designed to provide a fair and just resolution for the surviving family members of the victim, while also holding the responsible parties accountable for their actions.
The wrongful death statute in North Carolina is a legal provision that allows the surviving family members or beneficiaries of a deceased person to seek damages in a civil lawsuit if the death was caused by the negligence, recklessness, or intentional wrongdoing of another person or entity. The purpose of the wrongful death statute is to provide financial compensation to the surviving family members for the loss of their loved one, as well as to hold the responsible party accountable for their actions.
Under North Carolina law, the wrongful death statute is contained in the state's civil code, which outlines the legal remedies available to the surviving family members in a wrongful death action. The statute allows the surviving family members to bring a lawsuit against the person or entity responsible for the death, and to seek damages for the loss of their loved one's financial support, companionship, and other intangible benefits.
1. What Should I Do After A Loved One Dies in an Accident in Raleigh, NC?
The initial moments and days after your loved one’s accident are critical for the estate’s chances for compensation. These are the most important steps to take after the injury accident:
Take photos of the injuries
If possible, take photos of where the incident took place
Write down a narrative of what happened while it’s still fresh in your head
Make a list of witnesses and their contact information if you know it
Follow any additional instructions from your attorney
2. How Do I File a Wrongful Death Claim in Raleigh, NC?
A wrongful death case begins when the representative of the deceased person’s estate files legal documents called a “summons” and “complaint” in the appropriate North Carolina court, usually in the county where you live or where the accident occurred. The specific details are outlined in Rule 4 of the North Carolina Rules of Civil Procedure. Filing a case is as simple as taking the summons and complaint to the court clerk of the court where you’re filing the case.
The clerk accepts the filing and returns your copies so that you can serve the defendant with their copy of the filing documents. “Serving” a defendant means providing them with a copy of your file-stamped summons and complaint in a very specific, formal way, which is explained in Rule 5 of the North Carolina Rules of Civil Procedure. Your complaint must include all of the grounds to bring your case and all of your demands for compensation.
3. Will My Wrongful Death Claim Go to Trial in Raleigh, NC?
95% of wrongful death cases, according to government statistics, resolve before needing to go to trial. The vast majority of injury cases will settle before the trial date arrives (sometimes even before a lawsuit is filed), and others will settle in the middle of trial. The most common reasons cases go to trial are:
The defendant’s insurance adjuster and company believes they will win the case, so they offer a very low settlement or none.
The insurance company doesn’t want to set a precedent for settling your type of wrongful death lawsuit.
The monetary amount demanded by your attorney is too high for the insurance company to settle without fighting the claim.
Liability (meaning who is at-fault) or the injured person’s damages are too contested or questionable to find a middle ground.
The more time spent in preparation and building the case, the more likely your case will reach an appropriate settlement. But there are a lot of variables, and if your case is in the small percentage that go to trial, a Raleigh wrongful death attorney can help prepare you for what to expect.
4. How Much Will My Loved One’s Wrongful Death Claim Settle for in Raleigh, NC?
There’s no way to precisely value your claim, but an experienced wrongful death attorney may be able to give you an approximate value based on their experiences and prior results in other cases. The value of your claim includes your economic damages like costs for medical treatment, lost wages, and loss of companionship, society, and services for beneficiaries of the deceased person’s estate. Sometimes that is calculated as a “per diem” or daily value of a loved one’s support and help, which is then multiplied by the number of years your loved one was expected to live based on average life expectancy.
5. What If My Deceased Loved One Was Partially At-Fault for Their Death in Raleigh, NC?
Whether it’s true or not, your loved one is likely going to be blamed for causing their accident or injuries, even if just partially. You might even believe that they are responsible for the accident. However, there is a big difference between what regular people think about fault and what the law says. For instance, you might think a man stepping into a clearly visible 23 ft x 3 ft open service pit at an auto repair shop that he’s frequented for years is to blame for his own injuries. But the $1,800,000 settlement our team of Raleigh premises liability lawyers secured in that case in 2020 suggests otherwise.
North Carolina does follow the doctrine of contributory negligence, which could prevent your loved one’s estate from recovering damages from the accident if a jury believes they are partially to blame. However, an experienced Raleigh wrongful death lawyer understands that defense and how to work around it.
Free Case Evaluation
Our Raleigh wrongful death lawyers are available now to evaluate your loved one’s case for free.
6. Who Can File a Wrongful Death Claim in Raleigh, NC?
The wrongful death statute in North Carolina is an important legal provision that allows the surviving family members of a deceased person to seek damages for the loss of their loved one. By bringing a wrongful death action, the surviving family members can hold the responsible party accountable for their actions and seek financial compensation for the losses they have suffered as a result of the death. This may include lost wages, medical bills, and other expenses that were incurred as a result of the victim's death.
In North Carolina, a wrongful death claim can be brought by the personal representative of the deceased person's estate. The personal representative is typically appointed by the court and is responsible for managing the estate and bringing any legal claims on behalf of the estate.
In North Carolina, the personal representative has the right to bring a wrongful death claim if the deceased person would have been able to bring a personal injury claim if they had not died. This means that the wrongful death claim must be based on the same type of harm that would have given rise to a personal injury claim if the person had not died. For example, if the deceased person was killed in a car accident caused by another driver's negligence, the personal representative could bring a wrongful death claim based on the driver's negligence.
In addition to the personal representative, certain family members may also be able to bring a wrongful death claim in North Carolina. These family members include the spouse, children, and parents of the deceased person. If the deceased person did not have a spouse, children, or parents, other family members may be able to bring a wrongful death claim, depending on their relationship to the deceased person and the circumstances of the case.
Once the eligibility requirements have been met, the surviving family members can then file a wrongful death claim in North Carolina. This typically involves filing a complaint in the appropriate court, which will outline the details of the case and the damages that the surviving family members are seeking.
Once the wrongful death claim has been filed, the process of negotiating a settlement or going to trial will begin. If the parties are able to reach a settlement, the case will be resolved without the need for a trial. However, if the parties are unable to reach a settlement, the case will proceed to trial, where a judge or jury will determine the outcome.
7. Why Are Wrongful Death Accidents So Common in Raleigh, NC?
Most accidents are preventable, but prevention usually requires time, money, and/or an interest in protecting the public (which most companies don’t have)
Most of us are constantly surrounded by distractions, which can cause a person to ignore or forget to follow safety rules
Accidents frequently occur when a person is busier than usual or doing something that is different from their regular routine
Sometimes, though rare, a person or company just doesn’t care if its actions hurt someone else
8. How Do I File a Wrongful Death Claim in Raleigh, NC?
The first step in bringing a wrongful death claim in North Carolina is to determine whether the victim's death was caused by the defendant's negligence or wrongdoing. This typically requires the help of an experienced wrongful death attorney, who can review the facts of the case and determine whether the victim's death was the result of the defendant's actions or inaction.
If it is determined that the defendant's actions or inaction were the cause of the victim's death, the next step is to determine who is eligible to bring a wrongful death claim. In North Carolina, the following individuals are typically eligible to bring a wrongful death claim:
The victim's spouse
The victim's children
The victim's parents
The victim's siblings
The victim's personal representative
9. What Is the Statute of Limitations for Wrongful Death Claims in North Carolina?
There are certain time limits in place for bringing a wrongful death action in North Carolina. Under the state's statute of limitations, the surviving family members must bring their wrongful death claim within two years of the date of the victim's death. If the surviving family members fail to bring their claim within this time period, they may be barred from recovering any damages.
10. How Long Does a Wrongful Death Claim Take to Reach a Settlement in Raleigh, NC?
A small of number of cases resolve very quickly before a lawsuit is even filed. It may take 3-4 months to obtain your loved one’s medical bills and records and 1-2 weeks to negotiate with the claims adjuster. However, these cases are in the minority and are usually limited to very specific circumstances (like when liability is clear and the damages are so severe that they clearly are worth more than the limits of available insurance). Wrongful death claims in particular take longer on average that run-of-the-mill personal injury cases because the damages are usually catastrophic (loss of life), an estate has to be created for the deceased loved one (which can take 3-4 months), and liability has to be established.
In most other cases, litigation can last for a year or more. The more complicated or contested your case, the longer you can expect it to take. The representative of your loved one’s estate does have some control over the length of the case because it’s up to them to accept or reject settlement offers.
11. What Does a Raleigh Wrongful Death Lawyer Do to Help?
Hiring an experienced wrongful death lawyer can provide the deceased person’s estate with numerous benefits. Wrongful death attorneys know how to conduct initial investigations and save important evidence (before it could be destroyed) that might be needed in their case. They are able to work with experts, law enforcement, and first responders to prove what happened in their accident. They can assist in the establishment of an estate and the proper distribution of payments to estate beneficiaries.
Good North Carolina wrongful death attorneys can also negotiate with the at-fault parties, their lawyers, and insurance adjusters to get the deceased person’s estate fair compensation for their pre-death injuries and for compensation their estate beneficiaries deserve. But perhaps most importantly, a wrongful death lawyer can take the weight and burden of the legal aspects of your loved one’s case off your shoulders so you to focus on grieving and your recovery.
12. What Are the Common Causes of Wrongful Death Accidents in Raleigh, NC?
Wrongful death accidents take many different forms. Some of the most common cause of wrongful death cases our Raleigh personal injury lawyers help with are:
Construction accidents (scaffolding, open pits, inadequate warnings, improper equipment)
Vehicular manslaughter
Drunk driver cases
Pedestrian accidents
Insufficient caution/warning signs
Medical malpractice
Over-service of alcohol (dram shop)
Nursing home neglect and abuse
13. Can I File a Wrongful Death Claim Without a Lawyer in Raleigh, NC?
Yes, you can file a wrongful death lawsuit without a lawyer. However, if you bring your case on your own, you’re subject to the same rules and standards as you would be if you had an injury attorney. You are required to follow the same formalities and rules when filing court documents. You must establish an estate prior to filing the lawsuit. The rules of discovery, admission of evidence, and civil procedure will still apply to you in your case. If you make a mistake, there is a chance that you case will be dismissed or thrown out. While you can file a civil lawsuit without an attorney, your best chance to recover the maximum amount possible is working with an experienced wrongful death lawyer.
14. Are Wrongful Death Claims Different From Personal Injury Claims in North Carolina?
Yes, in a number of ways. If you lose a loved one or family member in an accident because of someone else’s actions, the loss is often painful and overwhelming. Not only are you dealing with your own personal grief, you are also faced with the stress of dealing with your loved one’s financial affairs and personal injury claim. But wrongful death claims also typically involve police investigations, government regulations, and investigations into corporate policies and negligence.
Unlike a personal injury claim, wrongful death claims in North Carolina are a legal action that can be brought by the estate of the deceased person against an individual or entity who has caused the death of another person due to their negligence or wrongdoing. These claims are designed to provide financial compensation to the surviving family members of the victim, and are governed by state law. If you have lost a loved one due to the actions or inaction of another party, it is important to speak with an experienced wrongful death attorney to determine your legal options.
15. How Do I Find the Best Raleigh Wrongful Death Lawyer for My Case?
Like every profession, injury lawyers vary in experience, skills, style, dedication, and levels of customer service so “best” can mean different things to different people. It’s a good idea to see if the injury lawyers you are considering have positive client testimonials, good (and recent) case results, and are passionate about helping others. It depends on whether you want to hire a law firm that works with thousands of clients every year or a smaller firm that only focuses on a limited number of cases. The relationship between lawyer and client requires a significant amount of trust and communication over an extended period of time, so the most important factor is choosing a lawyer that “feels right” to you.
Raleigh Wrongful Death Statistics
As a whole, the United States experienced an increase in civil cases filings (which include personal injury cases) in 2020. Personal injury claims surged 97% from the numbers recorded in 2019. Many of these were wrongful death claims. In North Carolina, in workplace accidents alone, more than 217 people died in accidents in 2023. In 2020, there were more than 10,000 accidental and injury-related deaths in North Carolina, which is a dramatic 23% increase since 2016.
The three leading causes of accidental death in North Carolina are 1) accidental poisoning; 2) motor vehicle accidents; and 3) accidental falls. For children under the age of 18, the leading causes of accidental death were 1) motor vehicle accidents and 2) asphyxiation (drowning, unsafe sleep environments)
Raleigh Wrongful Death Cases We Handle
We can help with any wrongful death claim, but the accidents listed below are the most common wrongful claims we handle in North Carolina:
CAR ACCIDENTS
PEDESTRIAN AND CROSSWALK
ACCIDENTSMOTORCYCLE AND BIKE ACCIDENTS
TRUCKING AND TRACTOR-TRAILER ACCIDENTS
DRUNK DRIVING ACCIDENTS
DEFECTIVE PRODUCTS (PRODUCTS LIABILITY)
PREMISES LIABILITY
SLIP AND FALL ACCIDENTS
GAS LEAKS AND EXPLOSIONS
FIRE AND BURN INJURIES
DROWNING AND POND ACCIDENTS
ELEVATOR AND ESCALATOR ACCIDENTS
DOG AND ANIMAL BITES
DAYCARE ABUSE AND NEGLECT
ASSAULT AND SEXUAL ASSAULT
CONSTRUCTION ACCIDENTS
FRATERNITY AND SORORITY HAZING
Raleigh Wrongful Death Lawyer Prices
For transparent pricing on what our Raleigh wrongful death attorneys charge to help with your family member’s accident, please review our upfront pricing policies.
Raleigh Wrongful Death Lawyer FAQs
Areas Our Wrongful Death Lawyers Serve:
The Best Raleigh Wrongful Death Lawyers Will:
THOROUGHLY INVESTIGATE YOUR ACCIDENT
EXPLAIN YOUR OPTIONS
GUIDE YOU THROUGH THE CLAIMS PROCESS
NEGOTIATE WITH THE INSURANCE COMPANY
FILE A LAWSUIT IF NECESSARY
ABOVE ALL ELSE, FIGHT FOR YOU
Client Reviews for Our Raleigh Wrongful Death Lawyers
Why Our Raleigh Wrongful Death Lawyers Provide Free Consultations
Free legal consultations play a vital role in ensuring access to justice as well as promoting fairness, justice, and the well-being of accident victims. That’s why our award-winning Raleigh wrongful death lawyers always provide free consultations for potential clients
Schedule a Free Consultation With Our Raleigh Wrongful Death Lawyers
Even if the at-fault party’s insurance company blames your deceased loved one for the accident, our Raleigh wrongful death attorneys can help the victim’s family recover the maximum amount of compensation that you deserve for your damages. Contact us for a free consultation.