Losing a loved one because of another person’s negligence is devastating. Along with grief, families are often left dealing with medical bills, funeral expenses, lost income, insurance issues, and unanswered questions about what happens next.
At Auger & Auger Accident and Injury Lawyers, our Harrisburg wrongful death lawyers have represented North Carolina families since 1995.
If you would like to discuss your legal options, contact us for a confidential, no-cost consultation with a Harrisburg personal injury lawyer.
Why Hiring a Harrisburg Wrongful Death Lawyer Can Make a Difference
North Carolina wrongful death claims involve strict filing deadlines, estate procedures, insurance disputes, and contributory negligence laws. Insurance companies may attempt to reduce or deny payment by arguing the deceased person was even 1% at fault for the accident.
Having a lawyer involved early can help preserve evidence, identify all liable parties, and protect the claim from common insurance defenses. Our team gathers crash reports, medical records, witness statements, financial records, surveillance footage, and outside analysis when needed to build a clear, well-supported case.
At Auger & Auger, we also help families address estate-related requirements tied to wrongful death claims, including appointing a personal representative when necessary.
How Wrongful Death Lawsuits Work
Under North Carolina law, a wrongful death claim may be filed when a person dies because of another party’s wrongful act, negligence, or misconduct. The claim is filed by the personal representative of the estate, although compensation is pursued for surviving family members and beneficiaries.
Many wrongful death claims begin as insurance claims against an auto policy, commercial policy, property insurance policy, or another liability carrier. If the insurer disputes fault or damages, the claim may proceed through litigation in the appropriate North Carolina court.
In a wrongful death lawsuit, the evidence must show it is more likely than not that the defendant’s conduct caused the death and the family’s losses.
Who Can File and Which Family Members Benefit
Only the personal representative of the estate may file a wrongful death lawsuit in North Carolina. This may be the executor named in a will or a court-appointed administrator.
If no representative has been appointed, we can help begin the estate process so the claim can move forward properly.
Although the estate files the lawsuit, compensation is distributed to surviving beneficiaries under North Carolina law. Depending on the family structure, this may include a spouse, children, parents, or other surviving relatives.
Damages Available to Your Family
A wrongful death claim may include compensation for the following:
- Funeral and burial expenses
- Medical bills related to the final injury or illness
- Lost income and employment benefits
- Loss of services, care, and support
- Loss of companionship and guidance
- The deceased person’s pain and suffering before death
In cases involving reckless or intentional conduct, punitive damages may also be available under North Carolina law.
If the claim involves alleged medical negligence, North Carolina law may limit certain non-economic damages. Our Harrisburg wrongful death attorneys will explain how those rules may apply based on the facts of the case.
Deadlines Under North Carolina Law
In most cases, North Carolina wrongful death claims must be filed within two years of the date of death. Missing the deadline may prevent the family from recovering compensation.
Claims involving government agencies or public entities may involve additional notice requirements or shorter deadlines.
Proving Fault and Building a Persuasive Case
A successful wrongful death claim connects the fatal injuries to a specific negligent act or failure, such as distracted driving, impaired driving, trucking violations, unsafe property conditions, or a defective product.
North Carolina’s contributory negligence laws can create additional challenges because insurers may attempt to argue that the deceased person shared responsibility for the accident. We work to counter those arguments through witness statements, records analysis, crash evidence, and other supporting documentation.
Our team also gathers financial records, medical documentation, employment records, and other evidence needed to fully document the family’s losses.
Common Evidence Used in Wrongful Death Claims
Depending on the circumstances, the evidence we gather to support your claim can include:
- Police reports and scene photographs.
- Medical records and EMS reports.
- Autopsy findings and toxicology reports.
- Witness statements and interviews.
- Surveillance footage or dashcam video.
- Vehicle data and crash reconstruction findings.
- Financial and employment records.
Preserving this evidence early can make a significant difference in the outcome of your wrongful death case.
Dealing With Insurers After a Fatal Accident
Insurance companies often contact families shortly after a fatal accident seeking statements, authorizations, or quick settlements. Before signing documents or accepting payment, it can help to have a Harrisburg wrongful death lawyer review the claim.
We handle insurer communications, prepare a detailed demand package, and negotiate for compensation that reflects both the financial impact and the personal loss suffered by the family.
If the insurance company refuses to offer fair compensation, we are prepared to pursue the case through litigation.
Why Families Choose Auger & Auger
Families choose Auger & Auger because we are a local, family-owned law firm that has served North Carolina for decades. Clients receive direct communication, regular updates, and representation focused on their family’s financial and legal concerns.
Our team is familiar with Harrisburg, Cabarrus County, and the surrounding court systems, insurers, and roadway conditions that often play a role in wrongful death claims.
From the beginning, we prepare each case with litigation in mind, which can strengthen settlement discussions and trial preparation when necessary.
How We Handle Fees and Case Costs
We handle wrongful death claims on a contingency-fee basis. You pay no upfront attorney’s fees, and we only recover a fee if we obtain compensation for your family.
Case expenses, including court costs and outside professional fees, are discussed before representation begins so families understand how the process works.
Before signing any agreement, we review the fee arrangement in plain language and answer your questions about distributions and case costs.
Contact a Harrisburg Wrongful Death Attorney at Auger & Auger Today
If your family lost a loved one because of another party’s negligence, Auger & Auger can review your situation, explain your options, and help protect the claim while you focus on your family.
Our firm offers free, confidential consultations, online document signing, and contingency-fee representation. We can also help families begin the estate process required for North Carolina wrongful death claims.
Contact us today to speak with a wrongful death attorney in Harrisburg about your case.
