After losing a loved one due to a preventable accident in North Carolina, your family may be struggling to honor their memory and financially cope in their absence. During this time, insurance companies will evaluate fault early and look for ways to limit or deny what they have to pay.
Because North Carolina follows a strict contributory negligence rule, even a small argument that your loved one was 1% at fault, if successful, can bar your family from recovering compensation entirely, which makes establishing fault early essential to protecting your claim.
At Auger & Auger Accident and Injury Lawyers, we take immediate action to protect your claim by addressing how fault is evaluated and countering insurer attempts to limit or deny recovery.
Our wrongful death lawyers in Kannapolis do this by investigating the accident, gathering evidence, identifying all insurance coverage, and handling negotiations with insurers.
With our A&A Zero Fee Guarantee™, you pay nothing unless our Kannapolis personal injury lawyers obtain compensation for your family. Contact us today for a free consultation.
Why Choose Our Wrongful Death Attorneys in Kannapolis
Our Kannapolis wrongful death attorneys understand how insurers evaluate fault in these cases and take steps to protect your claim from the start. Insurers may try to argue that your loved one shared in the fault for their fatal injuries to avoid paying full compensation.
At Auger & Auger, we have been helping families since 1995, recovering over $100 million for our clients and achieving a 99.5% success rate in litigated cases. Our Kannapolis wrongful death attorneys understand the tactics insurers use in wrongful death claims, and we take specific steps to counter them.
We investigate the accident early to preserve evidence and identify all available insurance coverage, protecting your claim from unsupported fault arguments or delays. As a family-run firm, we treat every case personally, recognizing that wrongful death claims are about honoring your loved one and helping your family rebuild.
How Insurers Use North Carolina’s 1% Rule and How Our Wrongful Death Attorneys Counter Them
In wrongful death cases, how fault is evaluated under North Carolina’s contributory negligence rule can determine whether a claim moves forward. This strict standard gives insurers a major advantage, allowing them to shift blame by citing minor details, such as whether your loved one was following traffic laws or reacting to avoid the accident.
These arguments often complicate claims and delay compensation, leaving your family vulnerable. Our Kannapolis wrongful death attorneys address these tactics head-on by investigating the accident thoroughly.
Our team works to refute claims of contributory negligence by collecting evidence like crash reports, surveillance footage, and expert analysis.
Who Can File a Wrongful Death Claim in North Carolina and Why Acting Quickly Matters
Under N.C.G.S. § 28A-18-2, a wrongful death claim can only be filed by the personal representative of the deceased’s estate, who is typically named in the deceased’s will or appointed by the court if no will exists.
Insurers seize on any confusion or delays in this process to dispute the claim or use procedural missteps to argue against paying damages. These delays or challenges can ultimately lead to missed deadlines or lost compensation.
Under N.C.G.S. § 1‑53, the representative of your loved one’s estate generally only has two years to file a wrongful death lawsuit, and insurers know this. Our attorneys handle the process correctly from the start, working to establish the representative’s authority, eliminate any disputes, and position your claim for success.
Challenges to Recovering Fair Wrongful Death Damages
Few families are prepared for the sudden loss of a loved one, and the financial stress of reduced household income may leave you vulnerable to bad-faith insurance tactics. Insurers pressure families to accept initial settlements that fail to cover their full financial and emotional losses.
Our wrongful death lawyer in Kannapolis documents all financial losses, including medical bills, funeral costs, and income records, to pursue damages, which may include:
- Medical expenses incurred for treatment before death.
- Reasonable funeral and burial costs
- Lost income and benefits, including wages the deceased would have earned over their lifetime.
- Non-economic losses, such as the loss of companionship, guidance, and emotional support.
Survival Actions Add Another Step in the Wrongful Death Claims Process
When a loved one passes due to fatal injuries from a negligence-based accident, families often assume that filing a wrongful death claim will account for all damages. Some cases also require a survival action, which is a separate filing requirement.
In some cases, certain claims that belonged to your loved one before death must be pursued separately through a survival action, which is filed by the personal representative of the estate.
N.C.G.S. § 28A‑18‑1 allows certain legal actions that belonged to the deceased to “survive” after death and be continued by the personal representative of the estate. These “survival actions” address claims that do not directly relate to wrongful death but still involve the decedent before their passing.
Examples of damages in these claims include:
- Property damage resulting from the fatal accident, such as vehicle repairs or replacement.
- Unrelated personal injuries or financial losses caused by prior accidents that were not life-threatening.
- Claims involving financial losses or legal disputes that existed before death and are allowed to continue through the estate.
This additional step brings more paperwork and deadlines to an already overwhelming process. Our Kannapolis fatal accident attorneys make sure to file survival actions alongside wrongful death claims, where appropriate.
Contact Us and Let Our Kannapolis Fatal Accident Lawyer Get Started
Filing a wrongful death claim in North Carolina involves strict deadlines and legal requirements that can affect your ability to recover compensation. At Auger & Auger, we take immediate action to protect your claim, refute unfair insurer tactics, and pursue the compensation your family is entitled to under the law.
With our A&A Zero Fee Guarantee™, you won’t pay anything upfront, and you owe us nothing unless we win your case. Call today for a free consultation and let our Kannapolis wrongful death lawyer begin working on your case.
