Losing a loved one in an accident can leave your family facing emotional and financial loss while the insurance company begins evaluating fault. In North Carolina, if your loved one is found just 1% at fault, your family can be barred from recovering compensation in a wrongful death claim.
Because of that, how fault and evidence are presented have an outsized impact on the outcome of your case, which is why choosing the right legal team matters. Our Gastonia wrongful death lawyers have represented North Carolina families since 1995 and understand how these claims are built and defended.
With our A&A Zero Fee Guarantee™, you pay no attorney fees unless we secure a settlement or verdict. Call our personal injury lawyers in Gastonia today for a free consultation.
Why Hiring a Wrongful Death Lawyer Is Important
Wrongful death cases in North Carolina are governed by strict laws, including the state’s pure contributory negligence rule. Under this rule, your family may be barred from recovering compensation if your loved one is found even 1% at fault for their fatal injuries.
Two exceptions to this rule include:
- Willful or wanton conduct (gross negligence): if the at‑fault party’s conduct rises to this level, contributory negligence does not bar recovery. This is typical in cases where the at-faul party is driving recklessly, drunk, or under the influence of drugs.
- Last clear chance: if the defendant had the final clear opportunity to avoid the harm and failed to do so.
Insurance companies often use this standard to reduce or deny claims, which is why proving fault requires a clear, well-supported legal strategy.
Our attorneys conduct timely investigations to gather the records, statements, and other evidence needed to show another party’s negligence and protect your family’s right to recover compensation.
How Our Gastonia Wrongful Death Lawyers Build Your Claim
Our wrongful death attorneys in Gastonia focus on building a claim that shows your loved one was not at fault and counters insurance companies’ attempts to reduce or deny compensation. A wrongful death case depends on showing, by a preponderance of the evidence, that another party’s negligence caused the death.
We may collect and use the following types of evidence to demonstrate another party’s negligence. This evidence helps establish how the accident occurred and supports your family’s right to recover compensation:
- Accident reports: Police reports, such as traffic crash reports, provide details regarding how the incident occurred and any citations or violations issued to the at-fault party.
- Medical records: Medical documentation of your loved one’s injuries helps establish a link between their fatal injuries and the negligence-based incident, demonstrating causation and damages.
- Surveillance footage: Video footage, such as from traffic cameras, can provide insight into another party’s breach of duty of care and how it caused your loved one’s fatal accident.
- Expert testimony: Our attorneys may consult accident reconstruction experts or medical professionals to clarify how the other party’s actions caused the accident or contributed to your loved one’s injuries.
Our Gastonia wrongful death lawyers can challenge an insurer’s determination of fault and negotiate for a fair settlement. If an insurer refuses fair compensation, we promptly prepare your lawsuit and pursue a verdict and judgment.
Who Can File a Wrongful Death Claim on Behalf of Your Loved One?
Even when liability is clear, North Carolina law requires the claim to be filed in a specific way. Only the personal representative of the deceased’s estate has the authority to file a wrongful death claim, as specified in N.C.G.S. § 28A-18-2. This is typically the executor named in the decedent’s will.
In the absence of a written will or if the named executor is unable or unwilling to act, the Clerk of Superior Court in the appropriate county may appoint a personal representative based on a specific order of consideration.
Per N.C.G.S. § 28A‑4‑1(b), the court prioritizes potential representatives in the following order:
- The surviving spouse
- Any devisee named in a valid will
- Any heir of the deceased
- Next of kin, with closer relatives given priority
- A creditor of the estate
- A person of good character in the county
- Another qualified individual
The personal representative manages all aspects of filing and pursuing the claim. They are responsible for securing records like medical documents and accident reports because they can access records that might otherwise remain confidential.
Our Gastonia fatal accident attorneys work closely with personal representatives to guide them through every step of the process.
Potential Outcomes in a Wrongful Death Claim
If your family can establish the right to recover compensation, damages in a wrongful death claim may include:
- Medical expenses: We may seek reimbursement for the costs associated with the care, treatment, and hospitalization related to your loved one’s fatal accident injuries.
- Pain and suffering: This non-economic damage addresses your loved one’s physical pain and emotional distress they endured prior to passing.
- Funeral and burial costs: Reasonable funeral and burial expenses can also be recovered by the decedent’s estate.
- Loss of financial support: Beneficiaries may recover damages reflecting the present monetary value that your loved one provided, including reasonably expected net income and financial contributions that would have continued if they had survived their accident injuries.
- Loss of services and companionship: Your claim may include compensation for the loss of your loved one’s services, care, protection, guidance, and companionship to your family.
- Punitive damages: If evidence that meets the legal requirements shows that your loved one’s death resulted from malicious or willful and wanton conduct, such as in a drunk driving accident, compensation may include punitive damages. These are awarded to punish egregious actions and deter similar behavior rather than to award compensation to plaintiffs. Under N.C.G.S. § 1D-5, punitive damages must be supported by clear evidence of gross negligence or intentional harm.
- Nominal damages: In some cases, a jury may award nominal damages to acknowledge that a wrongful act occurred, even if no significant financial losses are proven.
Our Gastonia wrongful death lawyers are committed to helping families seek fair and comprehensive settlements or trial awards for the damages resulting from a loved one’s death.
How a Survival Action Differs from a Wrongful Death Claim
Wrongful death claims and survival actions are both filed by the personal representative of the estate, but they address different harms. These claims cannot recover the same damages twice.
A wrongful death claim compensates beneficiaries for losses resulting from the death and, by statute, also includes the decedent’s pre‑death medical expenses and pain and suffering. Under N.C.G.S. § 28A-18-1, a survival action preserves other claims the decedent had before death, such as certain property or contract claims, which a wrongful death claim does not address.
This type of claim is designed to account for what the deceased endured between the accident and their death, not the impact of the death on surviving family members. Together, these claims provide a way to seek comprehensive compensation for both the losses suffered by the decedent’s estate and the surviving family members.
Our Gastonia Fatal Accident Lawyers Are Ready to Help Your Family
After understanding how these claims work, your family may still face decisions about how to move forward and protect your right to recover compensation.
You do not have to make those decisions alone. You can discuss your case during a free consultation, and with the A&A Zero Fee Guarantee™, you pay no attorney fees unless we recover compensation for you.
Our team at Auger & Auger takes the time to explain your legal options under North Carolina law and help you choose the legal strategy that best suits your family. Call us today.
