Charlotte Wrongful Death Lawyer

Key takeaways:

A wrongful death claim in North Carolina is filed by the personal representative of the deceased’s estate on behalf of the surviving family members.
The statute of limitations for filing a wrongful death lawsuit in North Carolina is two years from the date of death, which is a shorter deadline than for other injury claims.
Compensation can cover various losses, including funeral expenses, the deceased’s lost lifetime income, and the profound loss of companionship, guidance, and care.

When the unthinkable happens and you lose a family member because of another person’s negligence, the grief can be paralyzing. Amid the shock and sorrow, you suddenly face legal questions and financial pressures you never anticipated.

A wrongful death claim is a legal action that holds the responsible party accountable, but pursuing it feels like an impossible burden. A Charlotte wrongful death lawyer steps in to carry that burden for you.

Their role is to handle every aspect of the legal process, allowing your family the space to grieve while they build a robust case for justice. The immediate goal is to shield your family from the tactics of insurance companies and corporate defendants who will act quickly to protect their own interests.

We seek accountability for what was taken and provide the financial stability your family needs to face the future.

We manage all communications with insurance adjusters and opposing counsel.
Our team launches an immediate and thorough investigation into the cause of the fatal incident.
We work with financial planners to calculate the full measure of your family’s loss.
Our mission is to honor your loved one’s memory by pursuing justice on their behalf.

Wrongful Death in North Carolina

A wrongful death occurs when a person dies because of the “wrongful act, neglect, or default of another.” In simple terms, if the person who passed away could have filed a personal injury lawsuit had they survived their injuries, their estate now has the right to file a wrongful death claim.

This is a civil action, entirely separate from any criminal charges that the state may file. The goal of a civil claim is not to seek jail time but to secure financial compensation for the victim’s estate and family.

These tragic losses can happen in many different circumstances, often stemming from everyday situations where someone failed to act with reasonable care.

Fatal motor vehicle accidents: Collisions involving cars, commercial trucks, motorcycles, or pedestrians caused by a distracted, impaired, or reckless driver.
Premises liability incidents: Fatal falls or injuries that occur on someone else’s property due to unsafe conditions, such as negligent security or a failure to maintain the premises.
Defective products: Deaths caused by a dangerously designed or manufactured product, from a faulty vehicle part to unsafe consumer goods.
Workplace accidents: Certain fatal incidents at work sites that fall outside the workers’ compensation system, particularly when a third party is responsible.

Who Is Authorized to File a Wrongful death Lawsuit in Charlotte?

This is one of the most common points of confusion for grieving families. In North Carolina, individual family members—even a spouse or child—cannot directly file a wrongful death lawsuit. Instead, the claim must be initiated by the “personal representative” of the deceased person’s estate.

This person acts as the legal voice for the estate and its beneficiaries.

The process of appointing this representative and pursuing a claim follows a specific legal structure.

Identifying the Personal Representative: If your loved one had a will, they likely named an “executor” to manage their estate. This person is typically the personal representative. If there was no will, the Clerk of Superior Court in Mecklenburg County will appoint an “administrator” for the estate, who is often the surviving spouse or another close relative.
Filing the Claim: Once appointed, the personal representative has the legal authority to hire an attorney and file the wrongful death lawsuit on behalf of the estate.
Acting for the Beneficiaries: While the representative files the lawsuit, they do so for the benefit of the surviving family members (beneficiaries), as defined by state law. Any compensation recovered is for them.
Distributing the Recovery: If the case results in a settlement or verdict, the personal representative is responsible for distributing the funds to the beneficiaries according to North Carolina’s succession laws.

Pursuing Justice and Financial Stability for Your Family’s Future

A wrongful death claim serves two vital functions. First, it is a powerful mechanism for holding a negligent person or corporation accountable in a civil court, forcing them to answer for the life that was lost.

Second, it provides the financial resources necessary to protect your family from the economic devastation that often follows a sudden death. The loss of a loved one’s income, services, and support can create immense hardship, and a wrongful death action is designed to address that.

Types of Compensation Available in a Wrongful Death Action

The North Carolina Wrongful Death Act outlines the specific damages that the personal representative can seek. These are calculated to cover both the measurable financial losses to the estate and the immense, intangible human losses suffered by the family.

Recovering Economic Losses for the Estate

This part of the claim is designed to repay the estate for all financial costs resulting from the fatal injury.

Medical bills for the care your loved one received between the time of their injury and their death.
Reasonable funeral and burial expenses.
The deceased person’s pain and suffering endured before their death.
The total value of the deceased’s lost future income, wages, and benefits they would have reasonably earned over their lifetime.

Acknowledging the Human Cost for the Family

This is perhaps the most significant part of the claim, as it attempts to place a value on the irreplaceable human losses.

The loss of society, companionship, comfort, guidance, and advice that the family members would have received from the deceased.
The loss of the deceased’s services, protection, care, and assistance.
In cases involving extreme or malicious conduct, such as a drunk driver causing a fatal crash, punitive damages may be available to punish the wrongdoer and deter similar behavior.

The Investigation Process in a Fatal Accident Claim

Building a successful wrongful death case requires a swift and meticulous investigation. Evidence can be lost, witnesses can forget details, and corporate defendants may try to conceal their negligence.

A dedicated legal team acts immediately to preserve all critical information and uncover the truth. This proactive approach is fundamental to establishing liability.

Our investigative work often includes:

Hiring highly qualified accident reconstructionists to determine the cause of a fatal vehicle crash.
Securing and preserving evidence, such as dashcam footage, security videos, and data from a commercial truck’s “black box.”
Identifying and interviewing all eyewitnesses to the incident.
Subpoenaing corporate documents, maintenance logs, driver qualification files, or property inspection records.
Working closely with economists and vocational planners to project the deceased’s lost lifetime earnings and financial contributions to the family.

Why Choose Our Firm to Represent Your Family?

During a time of unimaginable loss, your choice of legal representation is critical. You need a law firm that not only has a deep knowledge of wrongful death law but also approaches each case with compassion, dignity, and an unwavering resolve to see justice done.

We are committed to shouldering the legal burdens for families in Charlotte and across North Carolina who have lost a loved one.

A compassionate and determined approach to justice

Our entire practice is built on providing support and strength to those facing the most difficult circumstances.

Focused Experience: We concentrate our practice on catastrophic injury and wrongful death cases. We understand the profound stakes and know how to build a case that reflects the full value of a life lost.
Substantial Resources: We have the financial capacity to take on the largest insurance companies and corporations. This includes retaining leading investigators, medical professionals, and financial planners to ensure your case is presented with the strongest possible evidence.
Direct and Clear Communication: We believe in providing you with direct access to your legal team. We will keep you informed at every stage and ensure your questions are answered, allowing you to make empowered decisions for your family.
Contingency Fee Representation: Your family will pay no upfront costs or attorney’s fees. We cover all the expenses of building and litigating your case. Our fee is a percentage of the compensation we recover for you. If we do not win, you owe us nothing.

Frequently Asked Questions in a Wrongful Death Case

How long do we have to file a wrongful death claim in Charlotte?

The statute of limitations in North Carolina is two years from the date of your loved one’s death. This is a strict deadline. It is very beneficial to contact an attorney well before this date to allow for a proper investigation and case preparation.

What is the difference between this claim and the criminal case?

A criminal case is brought by the state to punish a wrongdoer with fines or imprisonment. A wrongful death claim is a civil case brought by the family’s representative to obtain financial compensation for the family’s losses. A wrongful death claim can succeed even if there are no criminal charges or if the defendant is found not guilty in criminal court.

An insurance company offered us a quick settlement. Should we accept it?

You should never accept an insurance company’s offer without consulting an attorney. Initial offers are almost always far below the true value of your claim and will not account for all future financial losses and the profound personal suffering your family has endured.

How is the settlement money divided among the family?

Once a settlement or verdict is obtained, the funds are distributed to the legal beneficiaries as defined by North Carolina’s Intestate Succession Act. The personal representative, with guidance from the court and legal counsel, manages this distribution process, which typically prioritizes the surviving spouse and children.

Honoring Their Memory Through Action

While no amount of money can ever replace your loved one, a wrongful death claim is a powerful way to honor their memory, achieve a measure of justice, and provide for your family’s future.

The legal team at Maginnis Howard is here to guide you through this process with strength and compassion. As your dedicated Charlotte personal injury attorney, we will handle the fight for accountability so you can focus on healing.

If your family has suffered a devastating loss due to someone else’s negligence, contact Maginnis Howard for a confidential consultation. We are here to listen and help.

Charlotte Office: (704) 376-1911
Raleigh Office: (919) 526-0450
Fayetteville Office: (910) 339-6603

Maginnis Howard – Charlotte Office

Address: 6842 Carnegie Blvd Suite 100, Charlotte, NC 28211, United States
Phone: (919) 526-0450

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