After losing a loved one to fatal accident injuries, pursuing justice may feel overwhelming, especially with insurance companies looking for ways to minimize or deny your claim: insurance companies will try to shift or reduce blame to avoid paying what they owe.
In North Carolina, that risk is higher because of the state’s contributory negligence rule. If your loved one is found even 1% at fault, your family could be barred from recovering compensation entirely.
At Auger & Auger Accident and Injury Lawyers, we respond to these risks by taking immediate steps to protect your family’s claim. A wrongful death lawyer in Mooresville investigates fault, gathers evidence, and works to counter insurance company tactics from the start.
With our A&A Zero Fee Guarantee™, you can have our Mooresville personal injury lawyers handle this process without paying anything up front. Call us today for a free consultation.
Why Choose Our Mooresville Wrongful Death Attorneys
North Carolina’s contributory negligence rule is used by insurance companies to deny rightful compensation, often by shifting blame onto the victim. These tactics can leave families at risk of losing the damages they need to move forward.
At Auger & Auger, our Mooresville wrongful death lawyers know how to counter these strategies and protect your claim. Our team thoroughly investigates the circumstances of every case and fights back against attempts to avoid liability.
Since 1995, we have recovered over $100 million for clients and achieved a 99.5% success rate by building evidence-backed cases that hold insurers and at-fault parties accountable. As a family-run firm, we’re dedicated to managing every detail of your case. We understand what your claim means for your family, so we treat you like family, not a case file.
Common Insurance Tactics In Wrongful Death Cases
Insurance companies use various strategies to reduce or deny payouts in wrongful death cases. The following strategies exploit a family’s limited time and resources, putting them at risk of accepting inadequate settlements:
- Disputing liability: Insurers may argue there isn’t enough evidence to prove fault or attempt to shift blame to other parties, making use of North Carolina’s contributory negligence rule to bar families from any compensation.
- Undervaluing damages: They might downplay claims for future income loss, loss of companionship, or emotional suffering.
- Delaying negotiations: Insurers frequently stall, knowing that North Carolina’s statute of limitations limits your time to file a lawsuit.
Under N.C.G.S. § 1-53, you generally have two years from the date of your loved one’s passing to file a wrongful death claim. Missing this deadline can mean losing your right to pursue compensation entirely, giving insurers a significant advantage if they intentionally drag out the process.
How Our Mooresville Fatal Accident Lawyers Protect Your Wrongful Death Claim
Our team of attorneys takes immediate action to counter these bad-faith insurer tactics. For example, we:
- Preserve evidence: Gathering accident reports, witness statements, and other critical documentation.
- Push back against delays: Ensuring claims are moved forward to avoid being stalled past the statute of limitations.
- Prevent you from accepting unfair settlement offers: Challenging low settlement offers and building a clear case for the full value of your loss.
Insurance companies have teams of lawyers, and North Carolina’s laws leave little room for error in a claim. Our fatal accident attorneys in Mooresville advocate for families by coming to the negotiating table prepared and trial-ready.
Wrongful Death Damages That Insurers Attempt To Deny
After losing a loved one, many families are unaware of the full range of compensation they may be entitled to under North Carolina law.
Insurers often attempt to limit payouts by focusing on immediate expenses like burial costs, dismissing compensation for future financial losses or non-economic damages, even though N.C.G.S. § 28A‑18‑2 allows for the following damages:
- Medical expenses for the treatment of your loved one’s injury or illness, leading to their passing
- Reasonable funeral and burial costs
- Loss of financial support for the income, benefits, and retirement contributions your loved one would have provided if they had survived their injuries
- Non–economic damages, such as loss of companionship, comfort, and protection
Insurers know that families grieving a loss may not fully understand the scope of their legal rights, particularly when it comes to separate claims for property damage or pre-death suffering, known as survival actions.
Our Mooresville wrongful death attorneys review your case early on to identify and pursue any damages you are owed under N.C.G.S. § 28A‑18‑1, such as:
- Property damage: Recovery for property belonging to the decedent, such as vehicle damage sustained in the fatal accident.
- Pre–death legal claims: Any personal injury or contract-related claims the decedent had unrelated to their death.
How We Protect Your Right To Recover Compensation
Accepting a low settlement offer before assessing the full value of your case puts your family’s financial recovery at risk. We ensure that no part of your claim is undervalued or overlooked by thoroughly evaluating both wrongful death and survival action damages.
We take everything into account, from your loved one’s medical bills to the value of damaged assets like vehicles. Our team also identifies any unrelated tort or contract claims the decedent’s estate may pursue under survival actions.
We begin working on your claim immediately under the A&A Zero Fee Guarantee™, ensuring there are no upfront costs to burden your family. Our process starts with identifying the personal representative or collector of the estate, as required by N.C.G.S. § 28A‑18‑1, whether designated through a will or appointed by court order.
Once the appropriate representative is in place, we act quickly to preserve critical evidence, such as witness statements and medical records, before they can be lost or compromised.
Let Our Wrongful Death Law Firm Protect Your Family’s Claim
After losing a loved one, insurers may try to limit what your family recovers. In a state like North Carolina, where strict negligence laws and other legal hurdles exist, it’s important to have experienced and compassionate representation.
At Auger & Auger, we act immediately to preserve evidence, identify responsible parties, and handle the legal process so you can focus on your family. You can take advantage of our contingency policy to get started right away with no upfront attorney fees.
Reach out to us to discuss how we can build your family’s claim during a free initial consultation.
