Fatal, negligence-based accidents leave families grieving and struggling to cope in a loved one’s absence. During this time, insurance companies will begin looking for ways to deny your claim.
In North Carolina, our “contributory negligence” law allows them to do that by barring recovery if your loved one is found even 1% at fault (ie, they “contributed” in any way to the accident).
At Auger & Auger Accident and Injury Lawyers, our wrongful death lawyers in Huntersville build and present the evidence needed to protect your family’s right to recover compensation. This includes investigating the facts and guiding your claim with personalized support.
Our Huntersville personal injury lawyers handle the legal process so your family can focus on moving forward. Call us today for a free consultation.
Why You Need Our Huntersville Wrongful Death Attorneys to Help Protect Your Right to Recover Compensation
North Carolina wrongful death laws set strict requirements for proving negligence, determining who can file a claim, and meeting filing deadlines. These rules can directly affect whether your family is able to recover compensation after a loss.
Our wrongful death attorneys in Huntersville understand how these laws apply and can guide your family through contributory negligence rules, who has the legal right to file a wrongful death claim, how survival actions may apply, and the types of damages your family may be able to recover.
Contributory Negligence in North Carolina
North Carolina’s pure contributory negligence rule prevents your family from recovery if your late loved one is found even 1% at fault for the fatal accident. This strict standard gives insurance companies an opportunity to deny claims by shifting blame onto the victim.
Proving liability requires a preponderance of the evidence that the defendant’s negligence was the proximate cause of the fatal accident. This standard makes it critical to build a case that clearly shows another party was responsible for the fatal accident.
Recovery may still be possible despite the state’s contributory negligence rule if:
- The defendant’s conduct was willful or wanton, which is a level beyond gross negligence, or
- Under the last clear chance, the defendant had a definite final opportunity to prevent the harm and did not.
Laws on Who Has the Right to File a Wrongful Death Claim
Per N.C.G.S. § 28A-18-2, only the personal representative of your late loved one’s estate or a court-appointed collector is allowed to file a wrongful death claim in North Carolina. This is typically the executor named in the deceased’s will.
Under N.C.G.S. § 28A-4-1(b), the court determines the appointment of a personal representative by following a specific order of preference. The process begins with the surviving spouse, followed by any devisee named in a valid will.
If no valid devisee exists, the court will consider any legal heirs, then their next of kin, with closer family members taking priority. If no family members are available, the court may appoint a creditor of the estate, a person of good character residing in the county, or another qualified individual to serve as the representative.
Survival Actions in North Carolina
Survival actions are a distinct part of wrongful death cases and are addressed under N.C.G.S. § 28A-18-1. The personal representative can file both wrongful death claims and survival actions, as they address different types of losses.
A wrongful death claim seeks damages related to the impact of the loss of your loved one on you and your family members. A separate survival action typically preserves other claims the decedent had before their death that are not encompassed by N.C.G.S. § 28A‑18‑2, such as certain property or contract-based claims.
Our Huntersville wrongful death attorneys can help your family assess which claims may apply and ensure that your case is filed comprehensively to address all potential compensation.
Potential Damages in Wrongful Death Claims
North Carolina allows wrongful death claims to seek a variety of damages to compensate the deceased’s estate and beneficiaries. These damages can include:
- Medical expenses: The costs of care and treatment related to the injury that caused the death
- Your loved one’s pain and suffering: Compensation for the physical and emotional pain and suffering they endured prior to their passing
- Loss of income and support: The present monetary value of the deceased, including lost net income, services, protection, care, and assistance
- Reasonable funeral costs: Reasonable expenses for memorial services and burial arrangements
- Loss of companionship: Compensation for the loss of guidance, comfort, and advice provided by the deceased to their loved ones
In cases involving willful, wanton, or grossly negligent conduct, such as DUI accidents, punitive damages may be awarded to punish the responsible party under N.C.G.S. § 1D-15.
Statute of Limitations for Filing a Wrongful Death Lawsuit in North Carolina
North Carolina’s statute of limitations sets a deadline for filing a wrongful death lawsuit, generally allowing two years from the date of your loved one’s death, per N.C.G.S. § 1-53. The personal representative of their estate must initiate the suit within this time frame to preserve the family’s right to seek compensation.
Failing to file within the two-year window will likely result in the court dismissing the claim, regardless of its merits. Delaying action risks losing your chance to seek any financial recovery from a liable party.
The time it takes to negotiate with an insurance company does not affect this deadline, either. Our Huntersville fatal accident lawyers can help you meet your legal deadlines by promptly gathering evidence and filing a claim.
Our Huntersville Wrongful Death Lawyers Help Families on a Contingency Fee Basis
At Auger & Auger, we are committed to making quality legal representation affordable for every family. This is reflected in our A&A Zero Fee Guarantee™; there are no attorney fees unless we recover compensation for you.
Court costs and case expenses may be advanced on your behalf and are reimbursed from the recovery.
Call Us for Help From Our Wrongful Death Lawyers
After understanding how wrongful death laws and claims apply, your family may still face decisions about how to move forward and protect your right to recover compensation.
Our Huntersville wrongful death attorneys bring three decades of experience to every case. We carefully formulate legal strategies with each client’s best interests in mind.
Contact Auger & Auger for a free initial consultation. We can listen to your family’s story and offer the client-focused, compassionate legal services you deserve.
