Losing a loved one due to someone else’s negligence or wrongdoing is devastating. Alongside the emotional toll, families are often left with financial burdens and lingering questions about seeking justice. If you’re in North Carolina and considering filing a wrongful death claim, understanding the legal process can provide clarity and guidance during this challenging time. This blog will walk you through what to expect when pursuing such a claim.
What Is a Wrongful Death Claim?
A wrongful death claim arises when a person’s death is caused by another party’s negligence, intentional act, or misconduct. Under North Carolina law, these claims aim to hold the responsible party accountable while compensating the deceased’s surviving family members for their loss.
These cases commonly stem from car accidents, medical malpractice, workplace incidents, or defective products. It’s important to remember that a wrongful death claim is a civil matter, separate from any criminal charges related to the incident.
Who Can File a Wrongful Death Claim in North Carolina?
North Carolina law states that only the personal representative of the deceased person’s estate can file a wrongful death claim. This representative may have been named in the decedent’s will, or if no representative exists, the court can appoint one. Though the claim is filed by the estate, the awarded damages benefit the deceased’s surviving family members, including their spouse, children, parents, or other dependents.
Timeline for Filing a Claim
Timing is critical when pursuing a wrongful death claim. North Carolina enforces a statute of limitations requiring the claim to be filed within two years of the individual's death. Failing to file within this window typically results in the loss of your right to seek legal compensation, so it’s vital to act promptly.
Types of Compensation You Can Seek
A wrongful death claim seeks to address both the financial and emotional losses endured by the family. Some of the damages typically awarded include:
- Medical Expenses: Costs incurred for the deceased’s medical treatment related to the incident.
- Funeral and Burial Costs: Expenses for laying your loved one to rest.
- Lost Income: Compensation for the income the deceased would have earned to support their family.
- Loss of Services: The monetary value of household contributions the deceased provided, such as child care or maintenance.
- Loss of Companionship: Non-economic damages for the emotional impact of losing a loved one’s presence, guidance, and support.
- Pain and Suffering: For any suffering endured by the deceased prior to their passing.
It’s worth noting that North Carolina follows “pure contributory negligence” laws. If it’s determined that the deceased had any degree of fault for the incident leading to their death, the family may not be eligible to recover damages. This makes it crucial to have skilled legal representation to build a strong case.
What to Expect During the Process
While every case is unique, most wrongful death claims follow a series of steps that include:
1. Meeting with an Attorney
Your first step is to consult with an attorney experienced in wrongful death cases in North Carolina. During this meeting, your attorney will evaluate the facts of the case, assess its viability, and explain your legal rights and options.
2. Investigation and Evidence Collection
An attorney will work to gather evidence supporting your claim, including medical records, accident reports, witness statements, expert opinions, and more. The strength of the evidence is critical in demonstrating negligence or misconduct.
3. File the Claim
Once your attorney has built the case, a formal complaint will be filed in the appropriate North Carolina court. This document outlines the legal basis for your claim and the damages you’re seeking.
4. Negotiating a Settlement
Most wrongful death claims are resolved through a settlement rather than a trial. Your attorney will negotiate with the liable party’s insurance company or legal team to secure a fair settlement for your family.
5. Proceeding to Trial (If Necessary)
If a settlement cannot be reached, the case will proceed to trial. Your attorney will present evidence, call witnesses, and advocate for your right to compensation in court.
How an Attorney Can Help
Navigating a wrongful death claim while mourning a loved one is overwhelming, but you don’t have to face this burden alone. A compassionate and experienced attorney
Moving Forward with Confidence
Filing a wrongful death claim in North Carolina is about more than seeking financial compensation—it’s about holding those responsible accountable and finding a sense of closure. While no amount of money can replace your loved one, a successful claim can help ease the financial strain.
Hensley Cloninger & Greer, P.C. can serve as both your guide and advocate, ensuring that every detail is handled meticulously so you can focus on healing. Our team will fight tirelessly to secure justice and the compensation your family deserves.
If you’re considering filing a wrongful death claim, we're ready to provide the support, guidance, and unwavering advocacy you need during this time.
Contact our legal team at (828) 383-8414 for a free consultation with our Ashville wrongful death lawyers.