Walmart Injury Claims
April 24, 2026
A Guide to Walmart Injury Claims Key Takeaways Retailers like Walmart have a duty to provide a safe environment for their customers. When a preventable
info@carolinalaw.com
info@carolinalaw.com
Every day, crashes occur on our North Carolina roads. Most lead to property damage and minor injuries, but some can be deadly. According to 2024 data from the North Carolina Department of Transportation (DOT), about 22% of all motor vehicle deaths involve drunk drivers. These accidents are avoidable, and those responsible should be held accountable. If you’ve lost a loved one due to a drunk driver, you have options beyond criminal charges. Filing a wrongful death claim can hold all parties responsible for the conditions that led to the crash.
Sadly, alcohol-related crashes result in thousands of deaths nationwide each year. The law permits individuals 21 and older to drive with a maximum blood alcohol content (BAC) of .08 in all states except Utah, which caps it at .05. Driving after even one or two drinks is inherently risky, but a higher BAC significantly increases the risk of severe injury and fatality.
A wrongful death occurs when a person is killed by a “wrongful act, neglect, or default of another.” In many drunk-driving fatalities, the offending driver will face criminal charges for their role in the decedent’s death. North Carolina’s general statute permits a wrongful death lawsuit to be filed alongside these charges. As a result, the responsible party may face both criminal and civil penalties (i.e., payment of monetary damages). However, because the proceedings are separate, the verdict in one does not necessarily affect the other.
In North Carolina, a representative of the decedent’s estate may file a wrongful death lawsuit. A personal representative for the estate is either named in the decedent’s will or appointed by the court. Under the law, not every relative can recover damages for wrongful death. Damages are distributed in the same proportionate shares as those who would inherit if the decedent had died without a will. In general, this means recovery is limited to the decedent’s spouse and children. However, depending on the circumstances, siblings (and their descendants), parents, and grandparents may be eligible to recover.
Your wrongful death lawyer will investigate all aspects of the crash to identify those responsible. Beyond the negligent driver, drunk driving wrongful death cases frequently cite those who contributed to the driver’s intoxication. Dram shop claims allow victims and their families to shift some liability to bartenders, restaurant owners, and other alcohol vendors. The standard for this claim requires that you prove:
In some cases, private citizens can be added to the list of defendants under North Carolina’s social host liability rule. Our attorneys have decades of experience pursuing multiple parties for their role in drunk driving wrecks under dram shop, social host, and other statutes.
Collecting this information early is vital.
Witness memories fade, and camera footage can get lost in the shuffle.
Maginnis Howard handles a variety of cases, ranging in size and type. We take pride in offering a personal experience to our clients and will never pressure you into accepting an offer you’re uncomfortable with or push you toward a trial. Our attorneys are committed to achieving the best possible outcome for you, whatever that may involve.
Under North Carolina law, damages recovered in a negligent death lawsuit reimburse the decedent’s estate for legal costs. These damages cover the costs of bringing the suit and paying attorneys’ fees. Following this, the law requires that a settlement distribute funds to cover expenses such as:
In addition to these damages, the court may sometimes award punitive damages. These damages are not based on actual loss but are intended to punish the responsible party for wrongful conduct. In rare cases, a judge may award punitive damages for malicious, willful, or wanton conduct.
Losing a loved one causes grief and often financial hardship. When a spouse, child, parent, or close family member is killed by a drunk driver’s reckless decision to drive impaired, your focus should not be on legal matters. An experienced wrongful death lawyer can help you secure maximum compensation while you concentrate on emotional recovery. A lawyer can:
Each of our attorneys is passionate about justice. Unlike some firms that treat clients like numbers, we are proud of our commitment to consistent communication and a personal relationship with everyone we represent. Especially in cases involving drunk drivers who cause a death, our legal staff wants to do whatever we can to secure accountability from the driver and compensation that will help you move forward.
Attorney Shawn Howard has represented the families of people killed by negligent drunk drivers in a wide range of cases. In 2018, he recovered over $2.9 million on behalf of the family of a 6-year-old girl killed by an underage drunk driver. The case was brought against not only the driver, who was ultimately sentenced to 12 years in prison, but also the bars and individuals who furnished him with alcohol.
Although a wrongful death lawsuit cannot erase what has happened, it can provide the security to move forward in life. An experienced personal injury attorney can listen to your situation and ensure you receive the maximum compensation available under the law. Maginnis Howard’s negligent death attorneys offer free consultations, and you pay only if we win compensation on your behalf. We have three conveniently located offices across the state in Raleigh, Charlotte, and Fayetteville. To speak with an intake specialist, visit our contact page for further information.
A Guide to Walmart Injury Claims Key Takeaways Retailers like Walmart have a duty to provide a safe environment for their customers. When a preventable
How to File a Wrongful Death Lawsuit After a Drunk Driving Crash in North Carolina Key Takeaways Drunk driving accidents caused roughly 21% of motor
Hiring a Lawyer for Post-Concussion Syndrome After a Car Accident Key Takeaways Post-concussion syndrome is when concussion recovery is unusually long. Insurers will try to
Spinal cord injury compensation in North Carolina includes both economic and non-economic damages, and in cases involving reckless conduct, punitive damages may also be available.
Burn injury compensation in North Carolina includes non-economic damages for pain and suffering, disfigurement, emotional distress, and loss of quality of life, and these categories
A drunk driving accident settlement in North Carolina is typically worth more than a standard car accident claim because state law allows victims to pursue