At Auger & Auger Accident and Injury Lawyers, we understand from personal experience how insurance companies treat families after serious accidents. In 1992, our founder, Herb Auger, survived a catastrophic crash caused by a drunk driver and dedicated his career to helping families after serious injury and loss.
That background still guides our Charlotte wrongful death lawyers today as we protect your family from insurance companies’ blame-shifting tactics and pursue the full compensation available under North Carolina law.
You will not pay any upfront costs for that help. We offer free consultations and the A&A Zero Fee Guarantee™, so you pay nothing unless we recover compensation for you. Contact our Charlotte personal injury lawyers today to discuss your options.
How Much Does It Cost To Hire Our Charlotte, Nc, Wrongful Death Attorneys?
The last thing a grieving family should have to worry about is how much legal representation will cost. At Auger & Auger, our Charlotte wrongful death attorneys handle cases on a contingency fee basis, so you do not pay attorney’s fees up front.
Under our A&A Zero Fee Guarantee™, we only receive our fee if we recover compensation for you through a settlement or court award. This structure allows families to pursue a wrongful death claim without taking on attorney’s fees at the start of the case.
We provide this fee agreement in writing before representation begins. During the free initial consultation, we will explain the terms clearly so you understand how fees and case expenses apply.
Why Choose Our Charlotte Wrongful Death Attorneys
Wrongful death claims combine the elements of a typical personal injury claim, like disputes over fault and damages, with the added financial pressures and estate issues that come from losing a family member.
Our attorneys understand what your family is going through and manage the legal process, gather evidence, and handle communication with insurers on your family’s behalf.
At Auger & Auger, you get:
- Free consultation: Speak with our team about your legal options at no cost.
- A&A Zero Fee Guarantee™: With our A&A Zero Fee Guarantee™, you do not pay attorney’s fees unless we recover compensation for you.
- Proven results in serious injury and fatal cases: Our firm has recovered over $100 million for our clients. Our performance has earned us admission to the Academy of Truck Accident Attorneys, Million Dollar Advocates Forum, and a spot on the Top 40 Under 40 Trial Lawyer list nationwide.
- Experienced trial–focused representation: Auger & Auger has served the Carolinas since 1995, and our attorneys prepare cases by collecting evidence and documenting liability in case the defense disputes fault or damages.
We are a local, family-owned firm, so our attorneys handle each case directly, focusing on the facts, evidence, and strategy needed to support your family’s claim.
Why Hiring A Lawyer Is Important For Your Wrongful Death Claim
Because North Carolina follows a strict contributory negligence rule, early case preparation is especially important. If the defense proves your loved one was even 1% at fault, you may be barred from recovering compensation.
Our Charlotte, NC, wrongful death lawyers work to counter a determination of fault if an insurer tries to shift blame for the fatal accident onto your loved one. We will also work to prove that the at-fault driver was grossly negligent, which, if proved, can allow victims and their families to pursue compensation even if they were partially at fault.
Who Can File A Wrongful Death Claim In North Carolina?
Under N.C.G.S. § 28A-18-2, only the personal representative of the deceased’s estate or a court‑appointed collector can file a wrongful death claim. This is typically the executor named in the decedent’s will.
If no representative is named, the Mecklenburg County Clerk of Superior Court may appoint someone to serve in this role. N.C.G.S. § 28A‑4‑1(b) outlines who the court considers first for appointment.
Examples of whom the court appoints include the following parties:
- The surviving spouse
- Children of the deceased
- Parents, if there is no surviving spouse or children
In North Carolina, the personal representative has the legal authority to file and manage the wrongful death suit through investigation, settlement, or trial. The personal representative can request medical records and other documents that insurers and hospitals usually don’t release without legal standing.
At Auger & Auger, we will guide you through the process of establishing a representative of the deceased estate so that you can pursue a Wrongful Death Claim on behalf of your loved one.
Who Benefits From A Wrongful Death Claim?
The personal representative files the claim on behalf of beneficiaries, which usually include:
- The surviving spouse.
- Children of the deceased.
- Parents, if there is no surviving spouse or children.
- Other heirs may receive a share only if there is no surviving spouse, child, or parent, based on North Carolina’s intestate succession laws.
Any amount recovered is not a general asset of the probate estate. After reimbursing reasonable case expenses, such as paying attorneys’ fees, the net recovery is distributed to the decedent’s heirs under the Intestate Succession Act (Chapter 29), regardless of what the will says.
Early legal review can help a family understand those requirements and avoid delays tied to estate administration.
Damages In A Charlotte Wrongful Death Case
Aside from the damages you can seek in a survival action, a wrongful death lawsuit may result in the following damages:
- Your loved one’s injury–related medical expenses related to the medical care provided before death
- Your loved one’s pain and suffering
- Lost wages that your loved one would have earned during the period between the injury and death, which counts as a “net income” component under G.S. 28A‑18‑2(b)(4)
- Reasonable funeral and burial costs
- Loss of income, such as the wages, benefits, and other financial contributions the deceased would have provided to their family
- Loss of services, which is compensation for the value of the services the deceased provided to their household, such as childcare or upkeep of the home
- Loss of companionship, care, and guidance, which accounts for the emotional value of the relationship the deceased had with their surviving loved ones
Punitive Damages
In certain cases, the court may also award punitive damages. Unlike economic and non-economic damages, which compensate specific losses, punitive damages are intended to punish the at-fault party for particularly reckless or egregious behavior and to deter similar conduct in the future.
Under N.C.G.S. § 1D-15, punitive damages may only be awarded when the defendant’s actions demonstrated fraud, malice, or willful and wanton conduct.
Punitive damages require clear and convincing evidence and are generally capped at three times compensatory damages or $250,000, whichever is greater.
Under N.C.G.S. § 1D-26, North Carolina law may remove that cap when the at-fault driver was impaired, and that conduct was a proximate cause of death.
What Is A Survival Action?
Under N.C.G.S. § 28A‑18‑1, most legal claims the decedent could have brought before death transfer to the personal representative, except for limited categories, such as libel or slander.
Recovery of pre‑death medical expenses and the decedent’s pain and suffering is pursued through a wrongful death claim. However, a separate survival action may still be used for other claims that do not depend on the death. For example, certain property or contract claims may apply in a survivor action.
The personal representative of the estate also files this action, and the recovered damages typically belong to the estate, subject to distribution according to the will or intestacy laws.
When Filing A Survivor Claim Alongside A Wrongful Death Claim
If you file a wrongful death claim and a survival action, the same pre-death wage losses should only be claimed once. When the injury resulted in death, that wage loss should be claimed in the wrongful‑death action.
Various Negligence-based Incidents Can Lead To Wrongful Death In Charlotte, Nc
Wrongful death claims can arise from many types of negligence-based incidents. A fatal car accident may result from negligent driving, while a fatal truck crash may involve unsafe company policies, driver fatigue, or maintenance failures.
Some wrongful death cases involve defective products, including defective medical devices. Preserving the product and related documentation can be critical to proving what caused the death and identifying all responsible parties.
Fatal Motor Vehicle Accidents In Charlotte, Nc
At Auger & Auger, our Charlotte car accident lawyers rely on documentation that shows how the crash occurred when handling a motor vehicle wrongful death claim. Police reports, witness statements, and any available data all help prove negligence in a wrongful death case.
Roadway context can change the story in Charlotte. What happens on Independence Blvd (US-74) does not always match what happens on I-77 due to differing speeds and traffic patterns. In some cases, we will compile reports to explain how the road design may have been relevant to the accident.
Truck Accidents Causing Wrongful Deaths In Charlotte
Truck accidents that lead to wrongful death can involve multiple liable parties and policies. Company policies can contribute to unsafe conditions, employees can improperly load cargo, and maintenance workers can fail to keep the truck safe.
Our Charlotte truck accident lawyers focus on evidence that shows violations of state and federal regulations, such as Federal Motor Carrier Safety Administration (FMCSA) regulations.
For example, the Hours of Service regulation dictates how many hours commercial truck drivers can operate, implementing mandatory rest times to avoid driver fatigue.
Identifying every at‑fault party is critical in North Carolina because an insurer may try to argue even 1% fault against your loved one.
How Long Do I Have To File A Wrongful Death Lawsuit?
North Carolina sets a strict filing deadline for wrongful death claims. Under N.C. Gen. Stat. § 1-53(4), the lawsuit generally must begin within two years of the date of death, and that clock keeps running even during settlement negotiations.
Delays may permanently bar your right to recover compensation. Generally, if you miss this statute of limitations, you won’t be able to seek recovery.
What Evidence Do You Need For A Strong Wrongful Death Lawsuit?
Documentation such as police reports, medical records, and witness statements helps establish how the death occurred and who may be responsible.
Strong evidence could include the following:
- CMPD crash documentation
- Medical records and medical documents that establish a link between the accident and your loved one’s death
- Forensic records, such as accident reconstruction, that demonstrate the cause and contributing factors of the collision or other incident that caused your loved one’s fatal injuries
- Eyewitness statements and expert witness testimony, such as statements from medical professionals
These records help support the claim during insurance negotiations and any civil court proceedings. They also help prevent the defense from turning unanswered questions into an argument for denial.
Who Can Be Held Responsible For A Wrongful Death In Charlotte, Nc
Responsibility in a wrongful death lawsuit doesn’t always point to one person. Many cases involve multiple parties, and each party may have separate insurance coverage that affects the available recovery.
We identify all responsible parties, applicable insurance policies, and the evidence needed to establish liability. This approach supports stronger settlement positions and prepares your case for trial if the defense disputes liability or refuses reasonable terms.
Liable Parties Our Wrongful Death Attorneys May Identify
Liability depends on who owed your loved one a duty of care, how they breached that duty, and how that breach caused or contributed to the accident that caused your loved one’s fatal injuries.
Possible liable parties could include the following:
- A negligent driver who failed to follow traffic laws and caused a collision through such negligence
- A trucking company that violated state or federal laws and contributed to a collision
- A contractor or company whose unsafe decisions contributed to a fatal crash
- A medical provider who failed to follow the standard of care that a reasonable provider would and caused injury to a patient
Our team focuses on collecting records and evidence that help establish liability and support the claim.
Call Auger & Auger For Help With A Wrongful Death Case In Charlotte
At Auger & Auger, we built our Charlotte practice with a personal understanding of what a crash can take from a family. Herb Auger lived through a catastrophic injury during law school, and that experience still shapes how we treat families.
You can discuss your case during a free consultation, and our A&A Zero Fee Guarantee™ means attorney fees are only paid if we recover compensation for you. We will explain your legal options under North Carolina law, and help you choose a path that fits your family.
If your family is considering a wrongful death claim, we are ready to help you understand your options and take the next step. Contact us today.
