Charlotte Wrongful Death Lawyer
Losing a close family member forever alters the lives of the surviving family members. When the death of a loved one is caused by someone else’s negligence or by an intentional act, this can make the loss even more tragic and painful.
You should not have to bear the costs of your loss alone. The dedicated legal team at Myers Law Firm understands that wrongful death is among the most devastating things that can happen to a family. If your loved one’s death was caused by someone else’s negligence, an experienced wrongful death attorney can help you fight for justice and compensation for your losses.
You Deserve Compensation for Wrongful Death
In North Carolina, personal representatives who bring a wrongful death claim can pursue financial compensation for the following expenses:
- The cost of medical care incurred prior to the person’s death because of the wrongful acts that led to the death
- Reasonable funeral expenses.
- The reasonably expected income that the deceased person would have earned over his or her expected lifetime
- The value of other benefits that the deceased person would have earned, such as health or retirement benefits
- The value of various services that the decedent would have provided to the survivors, such as household services, tutoring, or caretaking
- The value of the companionship, comfort, and advice that the deceased person would have provided
In cases where a person experienced conscious pain and suffering prior to his or her death, their personal representatives can also seek compensation for that suffering. If the conduct that caused a wrongful death was especially reckless—such as driving under the influence of alcohol or drugs—a defendant may also be required to pay additional “punitive damages,” which serve as a punishment and a warning to others who might engage in similar conduct.
We understand that seeking compensation might be one of the last things on your mind after a loss. Our goal is to make the legal process as easy on you and your family as possible and help secure the resources you may need for your future.
North Carolina Wrongful Death FAQs
Why Should I File a Wrongful Death Claim?
It’s common and normal for grieving loved ones to feel uncertain about whether to file a wrongful death claim.
While it’s true that a wrongful death claim doesn’t ease the loss, relief from the resulting financial hardships can give you and your family time and space to mourn without those additional stressors.
Wrongful death suits can also help to hold responsible parties accountable. If the wrongful death was caused by someone’s reckless actions or negligent behavior, or by a corporation’s unsafe products or practices, the lawsuit can generate change which can help prevent future losses and save other families from experiencing the same pain.
What Constitutes a Wrongful Death?
Under North Carolina Law, a death is considered wrongful if it is caused by a person or institution’s negligence, recklessness, or deliberate actions. If you suspect that your loved one may have been the victim of a wrongful death in North Carolina, our wrongful death lawyers can help. Contact Myers Law Firm for a free consultation to explore your options.
What are Common Types of Wrongful Death?
Situations that can result in wrongful death include but aren’t limited to:
- Medical malpractice
- Motorcycle or vehicle collisions
- Abuse or neglect, such as in nursing homes or other care facilities
- Workplace accidents or unsafe practices
- Homicide or manslaughter
- Faulty or unsafe products or equipment
- Unsafe conditions or premises hazards
What Kinds of Compensation can be Paid in Wrongful Death Claims?
Wrongful death claims can cover several types of expenses including:
- Funeral and burial costs
- Lost wages, future wages, and employment benefits of the deceased
- Medical expenses incurred because of the incident, prior to the person’s death
- Household duties and caretaking
- Loss of companionship or parental care
- Emotional distress and suffering
- Conscious suffering of the deceased prior to death
- Punitive damages
Who Can File a Wrongful Death Claim in North Carolina?
In North Carolina, all wrongful death cases must be filed by the personal representative of the deceased person’s estate. This person is sometimes called the “executor.” If your loved one had a will, it probably designated a personal representative. If not, the court will assign one.
How Are Wrongful Death Benefits Distributed in North Carolina?
Under state law, all wrongful death settlements are divided according to North Carolina’s intestate succession law.
This means that settlement funds are divided among eligible beneficiaries according to the same rules used to determine inheritance when the deceased person did not leave a will. Wrongful death settlements are not determined by your loved one’s will even if they had one, and are not considered as an asset of the deceased person’s estate.
North Carolina’s inheritance rules can be somewhat complicated. But generally speaking, there are two fairly common scenarios.
If the deceased person had a surviving spouse and/or children (or descendants via one or more previously deceased children), these family members will split the wrongful death settlement according to the proportions set in N.C.G.S. § 29.
Note that this means that, if your loved one was married and/or left at least one living descendant, no other family members will be considered eligible beneficiaries. Note also that eligible children can be biological or adopted, but stepchildren are not eligible unless formally adopted.
If your loved one did not have a spouse or descendants (for example, if they themselves were a child), the wrongful death settlement would go to the deceased’s parents. If there are also no surviving parents, the settlement would go to next of kin as determined by state law in N.C.G.S. § 29.
How Long Do I Have to File a Wrongful Death Claim in North Carolina?
North Carolina has a two-year statute of limitations for wrongful death claims. In other words, if you wish to pursue legal recourse for a wrongful death, then you must do so within two years of the date of death.
Some exceptions do exist, but the passage of time can also erase or blur crucial evidence that could prove your case — so please contact us right away.
Hear From Our Clients
“I wanted to thank you. I know it takes a lot to put together a case. After the first time meeting with you, you remembered our information, barely referring to your notes and continued to do so. You were generous with your thoughts and ideas as to how we could get what we were hoping for and it's so appreciated. We couldn't have gotten the verdict yesterday without you....It really does make a difference that you seem to care.”
“I went to another law firm and they turned me down…would not take my case. Myers Law Firm met with me, handled my case and would not back down from insurance company. Even when they had to file suit to protect me for my personal injury and property damage. I received a very fair settlement. Mr. Myers I appreciate you and your staff.”
“Mr. Lee-Thanks to you and Bessie for all of your help last year and most recently with the referral. I sold the house and the kids and I moved 8 days before Christmas. God is good, faithful and true.”
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An Experienced North Carolina Wrongful Death Lawyer Can Make All the Difference
A wrongful death lawsuit can be an emotionally draining experience, not to mention legally challenging.
To obtain compensation, you’ll need to prove that someone else caused the victim’s death. This often requires substantial evidence, some of which might not last for very long after the initial incident.
Surviving family members in North Carolina must also contend with our state’s contributory negligence laws. In this harsh system, if a jury believes your loved one was even slightly responsible for what happened to them—even 1 percent—then the family members are not entitled to any compensation whatsoever.
It’s not fair or reasonable to expect families to handle these difficult issues on their own, especially during a time of intense grief. Our wrongful death lawyers can take over this difficult, taxing work so you can focus on spending time with your loved ones and rebuilding your life as best as possible.
Contact Myers Law Firm in Charlotte, North Carolina
If someone you love was killed because of someone else’s negligent or reckless actions, or because of using a defective product, discuss your situation with the lawyers at Myers Law Firm as soon as possible. In every case related to a wrongful death, our initial consultation is free.
Our wrongful death attorneys offer decades of cumulative experience in dealing with insurance companies as well as litigating wrongful death lawsuits in court. We pride ourselves on staying in touch with our clients and always keeping their needs in mind as we work aggressively to protect their interests.
To schedule your free consultation, please call our Charlotte office toll-free at 1-888-376-ATTY (2889) or fill out and submit our online contact form. We will follow up and get in touch with you as soon as possible.
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