Charlotte Wrongful Death Attorneys

Providing Compassionate Legal Support for Your Family

There are no words to describe losing a loved one. If such a loss has brought you to our site today, we extend our heartfelt sympathies to you and your family.

Having helped countless individuals over the last 37 years recover from the untimely loss of a loved one, we understand the difficult time you are going through. It’s critical that you receive the care and support you need right now—and it is just as important that you speak with a legal professional about your next steps.

If you think someone was responsible for the death of your loved one, whether by negligence or other misconduct, we want to hear from you. Even if you feel uncertain about pursuing legal action right now, we can help by giving you the advice you need to choose the best course of action for you and your family.

Whether you decide to file a claim or not, the attorneys at Charles G. Monnett III & Associates are here to answer your questions and provide sound legal advice, completely free of charge and at no obligation to you.

Reach out to us today by calling (704) 859-2003, and if you are unable to meet with us in our offices, we can travel to you. Let us help lighten the burden on your shoulders.

What Is A Wrongful Death Claim?

While death is always heartbreaking, it can be especially devastating if it was preventable. When a death results from another person’s negligence or other misconduct, there may be grounds for a wrongful death claim. Surviving relatives and loved ones are able to seek compensation under the North Carolina Wrongful Death Act. Wrongful death claims allow survivors of loved ones to hold individuals and/or corporations liable for actions that led to a preventable, unnecessary death.

Who Can File a Wrongful Death Claim?

A wrongful death claim is not something that just any family member can file, not according to North Carolina laws. Instead, only the personal representative assigned to the deceased’s estate will be able to file a claim or lawsuit. Personal representatives are often named in estate planning documents, but they can be assigned by the court in the event that no one was named before the deceased’s passing.

It is important to note that the person who can file a wrongful death claim is not necessarily a person who will directly benefit from it. Any damages secured through a successful wrongful death claim or lawsuit will be paid to the estate and/or certain surviving family members, which can exclude the personal representative.

Statute of Limitations on Wrongful Death Claims in North Carolina

If you’re thinking about filing a wrongful death claim, there is a time limit called the Statute of Limitations. In North Carolina, a wrongful death lawsuit must be filed within two (2) years of the date of death. In South Carolina, the time limit is generally three (3) years, but may be as short as two (2) years if the defendant is a governmental entity. Wrongful death claims against the United States, such as a motor vehicle accident involving a federal employee, or malpractice at a VA Hospital or federally funded healthcare clinic, must be brought pursuant to the Federal Tort Claims Act within two (2) years.

If you are thinking about filing a wrongful death claim, it’s highly recommended that you take legal action as soon as possible. An experienced attorney can help you do this and advise you as to which filing deadlines apply to your case. With an experienced legal team on your side, you’ll have more time to focus on your family and personal healing.

Call us today at (704) 859-2003to schedule your free consultation with our Charlotte wrongful death lawyers.

Wrongful Death Cases We've Handled in North Carolina

A sudden death can come in many forms. At Charles G. Monnett III & Associates, we handle wrongful death cases in North Carolina that involve:

• Medical malpractice
• Motor vehicle accidents
• Prescription errors
• Carbon monoxide poisoning
• Workplace accidents
• Defective products
• Construction site accidents

If you don’t see your particular claim listed above, we can likely still help you or refer you to someone who can.