Losing a loved one in a fatal accident is an overwhelming and painful experience. Families may be left struggling with funeral costs and the financial impact of losing household income. If negligence factored into your loved one’s fatal injuries, pursuing compensation can help your family cope, but insurers will make the process as difficult as possible.
Even in wrongful death claims, insurance companies will deny responsibility by shifting blame onto your loved one. They use North Carolina’s strict “contributory negligence” rule to their advantage since it prevents any recovery if they can prove your loved one was even 1% at fault for the accident. If insurers succeed in assigning even the slightest fault, your family could lose the compensation needed to honor your loved one’s memory and adjust in their absence.
Since 1995, our wrongful death lawyers in Hickory have helped families counter these arguments and protect their right to pursue compensation. The team at Auger & Auger Accident and Injury Lawyers handles every step of the process, including investigating the cause of the accident, gathering specialist testimony, and taking over all communication with the insurers. We work to protect your family’s right to recover compensation from a liable party.
With the A&A Zero Fee Guarantee™, our Hickory personal injury lawyers make it possible to hire legal representation without any upfront costs. Contact us today for a free consultation, and let us take the next steps to help your family move forward.
Choose Our Hickory Lawyers to Handle Your Wrongful Death Case
Wrongful death cases are no exception to North Carolina’s contributory negligence rule, and insurers often use this to their advantage. They may attempt to shift blame, dispute evidence, or delay the claims process to limit or deny compensation. Without thorough preparation and knowledge of these tactics, families can risk losing the financial support they need.
Our lawyers help grieving families stand up to liable parties and their insurance companies. With over $100 million recovered and a 99.5% success rate, our Hickory wrongful death attorneys meet insurers with trial-ready claims that establish liability and protect your right to financial recovery.
We provide a foundation for your case by securing accident reports, subpoenaing relevant records and data, and challenging blame-shifting insurer tactics.
How Insurers Shift Blame in Wrongful Death Claims
Don’t put it past insurance companies to use strategies tailored specifically to the nature of the wrongful death claims to shift blame away from their policyholder. They know that a wrongful death claim often lacks the victim’s firsthand account, making it easier for them to argue unchallenged that your loved one was at fault in some way.
They may argue that your loved one had the last chance to avoid the collision and eliminate their financial responsibility under North Carolina’s contributory negligence rule. They count on families already dealing with grief and financial stress to feel overwhelmed and settle for less or give up on pursuing compensation entirely.
Our attorneys get ahead of these tactics by preserving evidence that speaks for your loved one when they cannot. To counter insurers’ strategies, we:
- Immediately gather accident-specific records, such as black box data, roadway skid marks, debris patterns, and crash scene photos, to establish the truth of what happened.
- Work with accident reconstruction specialists who recreate a clear and unbiased account of the crash, providing detailed timelines and breaking down every factor that contributed to the accident.
- Protect your late loved one’s integrity, addressing and disproving claims that attempt to cast doubt on their actions.
Our Hickory fatal accident attorneys are ready to fight back against a variety of insurer tactics that could otherwise compromise your potential settlement.
How Insurers Use Complicated Wrongful Death Laws to Delay
Insurers know that families may not be fully aware of the rules governing wrongful death claims, allowing them to create confusion and delay the process. By stalling, they hope families will miss critical deadlines or give up pursuing compensation altogether.
It Can Take Time to Identify a Qualifying Representative
Under North Carolina law, only the personal representative of the deceased person’s estate can file a wrongful death claim.
Insurers know that identifying and appointing a personal representative can take time, especially if the deceased did not leave a will. They may exploit this by requesting unnecessary documentation or stalling requests for critical claim information until this step is resolved.
The Statutory Deadline for Filing Wrongful Death Lawsuits
North Carolina’s statute of limitations poses another challenge. It requires your loved one’s representative to file a lawsuit within two years from the date they passed, per G.S. § 1-53(4).
Insurers will lean on any excuse to delay settlement discussions, making low initial offers that would not fairly compensate you. They corner families under tighter deadlines, putting them at risk of being barred from recovering anything.
The delays caused by wrongful death laws allow insurers to build their case against liability while depriving families of the time and information they need to pursue a claim. Our firm prevents insurers from using these tactics to derail your case.
To prevent delays from affecting your claim, we:
- Verify the personal representative, helping families answer probate and estate questions so the claim can move forward without unnecessary delay.
- Establish a timeline early so all legal deadlines are met, and insurance companies cannot run out the clock.
- Preserve evidence, such as crash reports, witness statements, and medical records.
- Push back against insurer stall tactics, using legal tools to compel them to provide necessary records and evidence without delay.
We are in your family’s corner from the start of your case, giving you the support to stand up to insurance companies.
Reach Out for Help From Our Wrongful Death Attorneys in Hickory
Losing a loved one to fatal accident injuries creates challenges no family should have to face alone. From complicated wrongful death laws to insurers delaying or denying liability, the process can feel overwhelming.
At Auger & Auger, our experienced team is here to handle every step of countering insurer tactics and fighting for the compensation that can make a difference in your loved one’s absence.
With our A&A Zero Fee Guarantee™, there are no upfront costs, and you won’t owe anything unless we recover compensation for you. Contact us today for a free consultation, and let us help your family by managing the insurance adjusters and handling all the legal paperwork for you.
