Wilmington Wrongful Death Lawyer

The loss of a family member can be incredibly difficult to deal with, particularly if the loss is unexpected – or if there is a sense that the loved one’s death could somehow have been prevented. If you have lost a loved one in a fatal accident or incident, you and your family members may be struggling with severe grief and trying to sort through painful questions while trying to carry on with your daily lives.

Financial compensation will never heal the loss, but in cases where negligence, recklessness or unsafe conditions contributed to or caused a fatal injury, family members have the legal right to seek reasonable financial damages from those responsible. Talking to a mature wrongful death attorney can help you understand your rights and options under the law.

Wrongful Death Statistics

Wrongful death claims in North Carolina commonly arise from incidents such as car accidents, medical malpractice, and workplace accidents. This is true across the country. To understand the seriousness of the issue, consider the following statistics:

• Johns Hopkins patient safety experts report that more than 250,000 people in the United States die every year because of medical errors, making it the third leading cause of death.
• In 2022, North Carolina experienced 1,647 fatal crashes, resulting in numerous wrongful death claims. More than 17 percent of the crashes that year involved distracted motorists.
• In 2022, there were 5,486 fatal work injuries recorded in the United States, marking a 5.7 percent increase from 5,190 in 2021, according to the U.S. Bureau of Labor Statistics.

What is Wrongful Death?

In North Carolina, wrongful death is caused by a “wrongful act, neglect, or default of another.” In the simplest terms, if the victim had survived, they could have filed a personal injury lawsuit against the defendant. Since the defendant’s wrongful act, neglect, or default caused your loved one’s demise, you are bringing the personal injury lawsuit they could not.

Wrongful death claims in North Carolina involve the actual and the proximate cause of death. The former refers to the defendant’s actions or lack of action leading to the victim’s death. The latter requires proving that this action or inaction by the defendant foreseeably resulted in the victim’s demise.

Common Causes of Wrongful Death

While motor vehicle accidents are the most common causes of wrongful death, they are far from the only ones.

Other frequent causes of wrongful death include:

• Assault
• Dangerous drugs
• Defective products
• Drowning
• Manslaughter
• Medical malpractice
• Nursing home negligence
• Premises liability

While assault and manslaughter are crimes, a wrongful death lawsuit is a civil matter. Even if the suspect was not arrested and charged with the crime or was acquitted by a jury, the estate’s personal representative can still file a wrongful death lawsuit. That is because it compensates the deceased’s family for losing their loved one. Money cannot bring back the deceased, but it can provide some justice and ease the financial burden imposed on the family by their loved one’s death.

In a criminal trial, the legal standard of proof for conviction is “beyond a reasonable doubt.” In a civil trial, the burden of proof is the less stringent “preponderance of evidence.” That means your lawyer must prove that it is more likely than not the defendant is responsible for your family member’s death.

Statute of Limitations: Limited Time to File Wrongful Death Claims

Under the North Carolina statute of limitations, there are two years from the time of death in which to file a wrongful death claim. Although it may be difficult to consider filing legal action soon after the death of a loved one, in fact, it can be exceptionally important that you get legal representation as quickly as possible. All the evidence to support the wrongful death claim must be obtained and preserved, and witnesses contacted and interviewed as early as possible after the death. With the passage of time, critical evidence is often lost or destroyed, memories fade, and eyewitnesses become harder to find.

At the Rhine Law Firm, P.C. our wrongful death lawyer understands this is a difficult time, and takes on the burden for you. We can deal with all the important legal details for you so you can focus on recovering from the tragedy and sorting out all that needs to be done. We are compassionate, dedicated, and care about the people we represent. You will never feel like you are not important – because you are. You and your family deserve the level of caring and professionalism that we deliver, each and every day.

Who Can File a Wrongful Death Claim in North Carolina?

The sudden death of a loved one is emotionally devastating – but there are often terrible financial consequences as well. A family can be left struggling to make ends meet after the sudden death of a loved one who had provided financial support.

Close family members have the right to seek compensation from the negligent party through filing a wrongful death lawsuit, whether the death was caused by an individual or corporate entity. The claim is filed on behalf of the estate and surviving family members by a personal representative of the victim, most often the executor or administrator of the estate.

For victims who did not have a will in place, a representative will be named by the court. Our wrongful death lawyers are available to discuss all of these important issues with you, and to guide you through every step of the process, with the utmost professionalism and individual care and service. We offer a free initial consultation to assist you, and can meet with you on evenings or weekends if this is more convenient for you.

Damages in a Wrongful Death Claim

Under the NC Wrongful Death Act, certain damages can be recovered by filing a lawsuit against the negligent party(ies). These monetary damages include:

• The cost of care, treatment, and hospitalization prior to the death of the individual.
• Compensation for the pain and suffering experienced by the victim.
• Cost of funeral expenses.
• Recovery of the lost income the victim would have provided had he or she continued to live, and other economic losses.
• Compensation for the services, protection, care and assistance the victim provided the family.
• Compensation for the society, guidance, comfort, companionship, and advice the victim provided.
• Punitive damages (those paid to punish the responsible party) if the death was the result of an act of malice, or willful or wanton conduct.

Documents That Can Help Build a Wrongful Death Case

To win a wrongful death lawsuit, you need evidence to build a strong case. Documents that can help build a wrongful death case include:

• Death certificate
• Police reports
• Medical reports
• Autopsy reports
• Accident scene photos
• Eyewitness testimony
• Surveillance video

Even though you are grieving your family member’s loss, it is vital that you consult an experienced Wilmington, NC wrongful death lawyer as soon as possible. Critical evidence may disappear if you do not have an attorney investigating the case promptly.

How Do I Prove Negligence in a Wrongful Death Lawsuit?

The burden is on the plaintiff and their attorney to prove the following four elements of negligence:

1. Duty of Care: The defendant must have owed a legal duty to the plaintiff. This means they were obligated to act (or refrain from acting) in a way that prevents harm to others. For example, drivers owe a duty to follow traffic laws and drive safely.
2. Breach of Duty: The defendant must have violated their duty of care. This occurs when the defendant fails to act as a reasonably prudent person would under similar circumstances—for example, a driver running a red light.
3. Causation: There must be a direct link between the defendant’s breach of duty and the harm caused to the plaintiff.
4. Damages: The plaintiff must have suffered actual harm or injury, whether physical, emotional, or financial. Without demonstrable damages, there can be no claim for negligence​.

Each of these elements must be clearly shown to make a compelling case for negligence in a wrongful death lawsuit.

Step-by-Step Guide to Filing a Wrongful Death Claim in N.C.

Filing a wrongful death claim in North Carolina can be a complex and emotionally challenging process. The steps include the following:

1. Determine the Eligibility to File the Claim. Under North Carolina law, only the personal representative of the deceased’s estate can file a wrongful death lawsuit. This is typically the executor named in the deceased’s will or someone appointed by the court if there is no will​.
2. Understand the Statute of Limitations. Wrongful death claims must be filed within two years from the date of death. This is a shorter statute of limitations than for personal injury claims. Failing to file within this timeframe may result in the claim being dismissed​.
3. Establish Liability. To succeed in a wrongful death claim, you must prove that the negligence, wrongful act, or default of another party caused the death.
4. Gather Evidence. Collect all necessary evidence to support the claim.
5. Calculate Damages. The claim should seek compensation for economic and non-economic damages.
6. Negotiate or File a Lawsuit. Before going to trial, there’s typically an attempt to reach a settlement with the responsible party’s insurance company. If negotiations fail, your attorney can proceed to file the lawsuit in civil court​.
7. Trial and Verdict. If no settlement is reached, the case proceeds to trial, where both sides present their evidence. A jury or judge will decide whether the defendant is liable and, if so, how much compensation the family is owed.
8. Distribution of Damages. If damages are awarded, they are distributed according to North Carolina’s Intestate Succession Act, regardless of the terms of the deceased’s will​.

How a Wrongful Death Attorney Will Help

Your lawyer will investigate the cause of your family member’s death. They will also determine which parties are liable. For instance, in a fatal car crash, the defendant’s vehicle may have malfunctioned, contributing to the collision. The vehicle’s manufacturer, dealer, or repair facility may prove liable.

The lawyer will identify the insurance companies involved and file claims. Most wrongful death claims are settled. However, your attorney will prepare to take your case to trial if the insurance company fails to agree to a reasonable settlement.

Since a personal representative is necessary to file a wrongful death lawsuit, your attorney may assist in identifying a person eligible to serve in this crucial role. Your lawyer will also identify the beneficiaries of any wrongful death compensation.

Damages Addendum

Damages awarded in a wrongful death lawsuit are not considered part of the victim’s estate, even though the estate’s representative must file the lawsuit. If the deceased had outstanding medical bills, up to 50 percent of the estate’s award may go toward paying those expenses.

Any monies recovered go to the surviving spouse and children or other immediate surviving family members. If the deceased was unmarried and had no children, the North Carolina laws of intestate succession apply to the financial distribution. While the estate per se is not the beneficiary, it can seek reimbursement of any funds spent to pursue the lawsuit.

Contributory Negligence in North Carolina

North Carolina is one of the few states that is still a contributory negligence jurisdiction. This doctrine says that a person who was injured in any part due to their own negligence may not collect monetary damages from the party accused of causing the accident. The system is designed in favor of insurance companies rather than people with serious injuries.

So, in a wrongful death case, if the victim had any fault in the circumstances resulting in their death, the family may be barred from collecting any compensation. That is why it is crucial to have a skilled and knowledgeable lawyer representing you.

How Long Does a Wrongful Death Case Take to Resolve in North Carolina?

The duration of a wrongful death case can vary widely based on factors such as the case’s complexity, the parties’ willingness to negotiate, and court schedules. However, many cases settle out of court during settlement negotiations, which can speed things up. Cases that settle quickly often do so within a year, while those that go to trial may take much longer.

However, every case is different, and it is hard to predict exactly how long yours will take. Given the limited timeframe families have to file a wrongful death suit in the state, it is crucial to start the process as soon as possible.

Can Multiple Parties be Held Liable in a Wrongful Death Case?

In North Carolina, multiple parties can be held liable in a wrongful death case if their actions or negligence contributed to the death. This can occur in various scenarios, including:

1. Medical Malpractice: Both a physician and the hospital can be liable if their combined negligence caused the death.
2. Car Accidents: Multiple drivers or a vehicle manufacturer may share liability if their actions or defects contributed to the fatal accident.
3. Product Liability: Manufacturers, distributors, and retailers can all be held responsible if a defective product leads to wrongful death.
4. Workplace Accidents: Employers, equipment manufacturers, or contractors could share liability if safety failures contributed to a fatal incident.

What Happens if the Responsible Party Doesn’t Have Insurance?

If the responsible party in a wrongful death case in North Carolina doesn’t have insurance, the victim’s family still has a few legal options. They can sue the defendant directly and seek compensation from the defendant’s personal assets. This could involve garnishing wages or liquidating property, though the recovery might be limited if the defendant has insufficient assets.

If the wrongful death was the result of a car accident, the family may be able to file a claim under their own uninsured or underinsured motorist coverage if that protection is included in their auto insurance policy. Additionally, if the death occurred due to a criminal act, the family might qualify for assistance through North Carolina’s Crime Victims’ Compensation Program, which helps with expenses like medical bills and funeral costs.

Another potential option is pursuing compensation from third parties if their negligence contributed to the death. For example, manufacturers or employers could be held responsible in cases involving a defective product or a workplace accident. Consulting a wrongful death attorney at Rhine Law Firm can help the family navigate these options and determine the best course of action.