The loss of a loved one is always devastating. When that loss is caused by another person’s negligence or recklessness, the grief is compounded by frustration, anger, and questions about why it happened. Families are left to navigate not only emotional pain but also financial challenges, medical bills, and the uncertainty of what comes next.
North Carolina law allows surviving family members to hold negligent parties accountable through a wrongful death claim. While no lawsuit can replace a loved one, pursuing a claim can bring financial stability and a measure of justice. At Edwards Injury Law, our Charlotte wrongful death attorneys stand with grieving families during the hardest times of their lives. We provide compassionate support while fighting aggressively to protect your rights and secure the compensation you deserve.
Call 980-357-4499 today to schedule a free consultation with a Charlotte wrongful death lawyer.
What Is Wrongful Death in North Carolina?
Wrongful death is defined under North Carolina General Statutes § 28A-18-2. A wrongful death occurs when someone dies as a result of another person’s wrongful act, neglect, or default — an act that would have allowed the victim to file a personal injury claim had they survived. Instead, their estate, through a personal representative, may bring a claim on behalf of the deceased and surviving family members.
Most wrongful death cases are based on the legal concept of negligence. Proving negligence requires showing that:
- The at-fault party owed the victim a duty of care.
- That duty was breached through careless, reckless, or intentional behavior.
- The breach directly caused the victim’s death.
- Surviving family members suffered measurable losses as a result.
It is important to remember that wrongful death cases are civil claims, not criminal prosecutions. Criminal charges, such as manslaughter or homicide, may occur separately, but they focus on punishment (prison, fines, probation). A civil wrongful death claim focuses on compensating the victim’s family for their losses.
What Are the Common Causes of Wrongful Death?
Wrongful death can occur in many situations, but some scenarios are especially common in Charlotte and throughout North Carolina.
Motor Vehicle Accidents
Car, truck, and motorcycle accidents are a leading cause of wrongful death. Negligent behaviors such as distracted driving, speeding, or drunk driving often lead to crashes that claim lives. Head-on collisions, highway accidents, and wrecks involving large trucks are particularly likely to result in fatalities.
Bicycle and Pedestrian Accidents
Cyclists and pedestrians are among the most vulnerable road users. With little protection, even a low-speed collision can be fatal. Charlotte’s growing population and heavy traffic create high risks for those who walk or bike in the city.
Slip and Fall Accidents
Falls can be deadly, particularly for older adults. When property owners fail to fix hazards like broken stairs, missing handrails, or wet floors, fatal accidents can result. Premises liability law allows families to hold negligent owners accountable for failing to maintain safe conditions.
Medical Malpractice
Errors by doctors, nurses, or hospitals can lead to wrongful death. Misdiagnosis, surgical mistakes, medication errors, or failure to monitor patients can all have fatal consequences.
Workplace Accidents
Construction sites, factories, and other hazardous workplaces can be deadly if safety regulations are ignored. Employers who fail to provide protective equipment or safe working conditions may be responsible when workers lose their lives.
While these examples are common, wrongful death claims are not limited to them. Any preventable death caused by negligence or recklessness may qualify.
Who Can File a Wrongful Death Claim in North Carolina?
In North Carolina, only the personal representative of the deceased’s estate may file a wrongful death claim. This person is often named in a will or estate plan. If no representative was designated, the court can appoint one, typically a surviving spouse, parent, or adult child.
The personal representative files the claim on behalf of the estate, but the compensation is distributed to surviving family members as provided by law. This process ensures that all eligible heirs benefit, not just the person filing the claim.
It is critical to act quickly. Wrongful death claims in North Carolina must be filed within two years of the date of death. Missing this deadline means the family may lose the right to seek compensation altogether.
What Types of Compensation Are Available in a Wrongful Death Claim?
The purpose of a wrongful death claim is to provide financial stability for surviving family members and to recognize the losses caused by the death. Compensation may include both economic and non-economic damages.
Economic Damages
These are measurable financial losses, such as:
- Medical expenses related to the final injury or illness
- Funeral and burial costs
- Lost income and benefits the deceased would have provided
- Loss of future earning capacity
Non-Economic Damages
These damages address the personal impact of the death, including:
- Pain and suffering endured by the deceased before death
- Loss of companionship, comfort, and guidance for surviving family members
- Loss of services, protection, or care that the deceased provided
- Emotional anguish and mental suffering
Punitive Damages
In rare cases, punitive damages may also be awarded. These are not intended to compensate the family directly but to punish the at-fault party for willful or reckless misconduct, such as driving under the influence or engaging in intentional harm.
How Do Wrongful Death Claims Work in Charlotte?
Filing a wrongful death claim involves several steps. First, the personal representative, with the help of an attorney, investigates the circumstances of the death. This may include reviewing medical records, obtaining police reports, interviewing witnesses, and consulting with experts.
Next, a claim is filed with the at-fault party’s insurance company. Negotiations often follow, as insurers typically attempt to minimize payouts. If a fair settlement cannot be reached, the case may proceed to court, where a judge or jury determines liability and damages.
Throughout the process, your attorney will handle communications, gather evidence, and protect your family’s interests. This allows you to focus on grieving and healing while knowing your case is in capable hands.
What Steps Should Families Take After a Wrongful Death?
After the loss of a loved one, it can feel impossible to focus on anything beyond grief. Yet there are important steps that families can take to protect their rights and strengthen a potential claim:
- Obtain copies of the death certificate and any accident or medical reports.
- Preserve evidence, such as photos, correspondence, or financial documents.
- Avoid speaking with insurance adjusters before consulting an attorney.
- Contact a wrongful death lawyer as soon as possible to ensure deadlines are met.
Taking these steps can make the legal process smoother and give your attorney the tools to build the strongest case possible.
FAQs About Wrongful Death in North Carolina
How long do I have to file a wrongful death claim?
In North Carolina, the statute of limitations is two years from the date of death. Claims filed after this period are generally barred.
Who receives compensation from a wrongful death claim?
Compensation is distributed according to North Carolina’s intestacy laws, which prioritize spouses, children, and parents of the deceased.
Can a wrongful death case be filed if criminal charges are also pending?
Yes. A wrongful death claim is a civil matter and can proceed even if criminal charges are filed, dismissed, or unresolved.
Do all cases go to trial?
No. Many wrongful death cases are resolved through settlement negotiations, but your lawyer should be prepared to take the case to court if necessary.
Contact a Charlotte Wrongful Death Lawyer Today
Losing a loved one because of another person’s negligence is one of the most painful experiences a family can endure. While nothing can replace the person you’ve lost, a wrongful death claim can provide financial security and accountability.
At Edwards Injury Law, we know how overwhelming this time can be. As a veteran- and Black-owned law firm, we understand adversity and are dedicated to supporting our clients through life’s most difficult challenges. We combine compassionate guidance with determined advocacy to pursue justice for your family.
Call 980-357-4499 today or fill out our online form to schedule a free consultation with a Charlotte wrongful death lawyer. Let us help you take the first step toward healing and recovery.
