Losing someone you love is one of the most painful experiences a family can face. When that loss happens because of someone else’s careless or reckless actions, the grief is often mixed with anger, confusion, and deep financial stress. No legal claim can ever replace your loved one, but a Concord wrongful death lawyer can help you secure financial stability after a loss.
If your family member passed away due to another party’s negligence, a Concord personal injury lawyer at Auger & Auger Accident and Injury Lawyers can help you understand your rights. Since 1995, our firm has represented injured people and grieving families across North Carolina. Contact us by phone or online to schedule your free case review today.
How Our Wrongful Death Attorneys in Concord Investigate Fatal Accident Claims
A strong wrongful death case begins with a detailed investigation. When a life has been lost, the legal and financial stakes are high. Our legal team acts quickly to preserve evidence, identify responsible parties, and build a compelling claim on your family’s behalf.
Depending on the circumstances, our investigation may include:
- Visiting the scene of the fatal accident to document conditions, hazards, and visibility
- Collecting photographs and video footage from nearby businesses, traffic cameras, or surveillance systems
- Obtaining police reports, incident reports, or crash reports
- Reviewing findings from medical examiners or autopsy reports
- Interviewing eyewitnesses who observed what happened
- Analyzing vehicle damage, event data recorders, or other physical evidence
- Consulting with accident reconstruction specialists or other expert witnesses
- Reviewing medical records to understand the cause of death and the suffering experienced before passing
By gathering and analyzing evidence, we work to determine exactly how the fatal event occurred and who should be held legally responsible. Once liability is established, we pursue a claim against the at-fault party and their insurance provider.
If the insurer refuses to offer a fair settlement, our firm is fully prepared to take your case to court and present your family’s story before a judge and jury.
Who Can File a Wrongful Death Claim in North Carolina?
In North Carolina, a wrongful death claim needs to be filed by the personal representative of the deceased person’s estate. This individual is often named in the will. If there is no will, the court may appoint a representative.
Although the personal representative files the claim, any compensation recovered is intended to benefit surviving family members, such as:
- A spouse
- Children
- Parents
- Other heirs under North Carolina’s intestacy laws
Our Concord wrongful death lawyers can help you understand who has the legal authority to file and how the process works. We know this may be unfamiliar territory, and we take the time to explain everything in clear, straightforward terms.
Understanding Contributory Negligence in North Carolina Wrongful Death Cases
North Carolina follows the doctrine of contributory negligence, one of the strictest negligence rules in the country. Under this rule, if the deceased person is found to have been even 1% at fault for the incident that caused their death, the family may be barred from recovering compensation.
Insurance companies are well aware of this law. In wrongful death cases, they often attempt to shift blame onto the deceased person. For example, they may argue that your loved one:
- Was speeding
- Failed to follow traffic laws
- Ignored warning signs
- Assumed a known risk
- Contributed to the accident in some small way
Even minor allegations can threaten your claim. That is why you need an experienced wrongful death attorney serving Concord who understands how to counter these tactics.
Our legal team thoroughly reviews the facts, challenges unsupported accusations, and works to demonstrate that the defendant’s negligence was the true and primary cause of your loved one’s death. We focus on building a clear, evidence-based case designed to protect your family’s right to recover compensation.
Deadlines for Filing a Wrongful Death Lawsuit in Concord
Families do not have unlimited time to take legal action after a fatal accident. In North Carolina, the statute of limitations for most wrongful death claims is generally two years from the date of death. If a lawsuit is not filed within this time period, your family may lose the right to pursue compensation entirely.
While two years may sound like a long time, preparing a strong wrongful death case takes careful work. Evidence can be lost, documents can disappear, and witnesses’ memories can fade.
Certain cases may involve different deadlines or special procedures. For example, if the wrongful death involved a government agency or public employee, additional notice requirements may apply. Contacting a Concord fatal accident lawyer quickly gives your legal team the opportunity to begin investigating right away and ensure that all deadlines are met.
Types of Damages Available in a Wrongful Death Claim
A wrongful death claim is meant to address both the financial and emotional losses suffered by surviving family members. While no amount of money can undo the loss, compensation can ease financial burdens and provide long-term security.
The damages available in a wrongful death case will depend on the facts of the situation. In general, families may be able to recover both economic and non-economic damages.
Economic Damages
Economic damages are intended to compensate for measurable financial losses resulting from the death. These may include:
- Medical expenses related to the final injury or illness
- Funeral and burial costs
- The deceased person’s lost income
- Loss of future earnings and benefits the deceased would have provided
- Loss of services, protection, care, and assistance
For many families, the sudden loss of a primary wage earner creates serious financial strain. Our Concord fatal accident attorneys work with financial experts and economists to calculate the full value of lost earnings, including projected future income and benefits.
Non-Economic Damages
Non-economic damages address the personal and emotional impact of losing a loved one. These damages recognize the profound human loss involved in wrongful death cases.
You may be entitled to compensation for:
- Pain and suffering experienced by the deceased prior to death
- Loss of companionship
- Loss of care, guidance, and nurturing
- Mental anguish of surviving family members
The death of a spouse, parent, or child can permanently change the course of a family’s life. Our Concord wrongful death lawyers carefully evaluate how your loved one’s absence has affected your household, relationships, and future plans.
Punitive Damages
In certain cases, punitive damages may also be available. These damages are not intended to compensate the family directly for specific losses. Instead, they are meant to punish the at-fault party for especially reckless or intentional misconduct.
Punitive damages may be awarded in cases involving fraud, malice, or willful and wanton conduct, such as impaired driving, extreme recklessness, or intentional harm. However, these awards are not granted in every case and are typically reserved for particularly egregious behavior.
Contact a Wrongful Death Lawyer Serving Concord Today
If you have lost a loved one due to someone else’s negligence, you do not have to face the legal system alone. A wrongful death claim can help your family seek accountability and pursue the financial support you need for the future. Auger & Auger has decades of combined experience representing clients across North Carolina.
We handle wrongful death cases on a contingency fee basis. That means you pay nothing upfront, and we only collect a fee if we recover compensation for your family. Contact us today by phone or through our website to schedule your free case review. Let us help you pursue accountability, protect your family’s financial future, and move forward with strength and support.
