Charlotte Wrongful Death Lawyers

Representing Families of Wrongful Death Victims in North Carolina

CHARLOTTE WRONGFUL DEATH LAWYERS

Serving Families of Wrongful Death Victims

No amount of money can compensate families for the pain of losing a loved one, but Edwards Kirby is committed to helping surviving family members hold those at fault fully accountable. Though wrongful death lawsuits can be emotionally turbulent and trying matters, our experienced team of wrongful death attorneys in Charlotte can help you overcome the legal obstacles that stand in the way of justice.
Even with our successful history litigating wrongful death actions, every new case is humbling and inspiring. We know our clients count on our experience, expertise, and determination to see them through difficult times – and we’re passionate about obtaining the outcomes they deserve.

Wrongful Death Lawsuits

Determining Liability & Compensation

When a person is killed as a result of preventable negligence, gross negligence, or wrongdoing, a wrongful death lawsuit can be brought on behalf of the deceased. In several states, including North Carolina, there is a two year time frame set by the statute of limitations where one can file a claim after the time of death. In North Carolina (28A-18-2), these claims consist of the following key factors:

Proving that the defendant contributed to the victim’s death
Proving the defendant’s negligence or liability
Proving that the victim’s death was a foreseeable result of the defendant’s actions
Proving that the victim’s family suffered damages as a result

These cases are especially complex and sensitive and require thorough, skilled representation. Our Charlotte wrongful death lawyers carefully review every case to collect evidence and determine fault. We go into every trial ready to get our clients the compensation they deserve for the financial losses that result from a loved one’s death, as well as the non-economic damages incurred by grieving family members. Wrongful death lawsuits can provide compensation for:

Present monetary value of the lost of kin
Medical expenses related to the victim’s death
Loss of victim’s income
Pain endured by the victim before passing
Funeral and burial expenses
Emotional suffering and loss of support

Wrongful death actions require that a Plaintiff present evidence regarding the present monetary value of the next of kin. At Edwards Kirby, we believe that this is the most important aspect of every Wrongful Death action. This is not the value of your lost one to society, or the value of the deceased in the abstract, this is the value of your next of kin to you. Since 1993 Edwards Kirby has been successful in showing juries the true value of your lost one. Please contact us for more information or a consultation.

What Qualifies as Wrongful Death in North Carolina?

North Carolina law does not list specific grounds for a wrongful death lawsuit. Incidents that may lead to a wrongful death lawsuit include, but are not limited to:

Car accidents that result in fatalities, particularly those caused by impaired, distracted, speeding, or otherwise negligent drivers
Fatal accidents involving tractor trailers caused by violations of Federal Motor Carrier Safety Administration regulations
Deadly motorcycle or moped accidents
Boating, Jet Ski, water skiing, and tubing accidents
Defective products, such as dangerous drugs or defective medical devices
Medical malpractice or negligence
Workplace injuries, including occupational exposure to hazardous materials or substances

Individuals Who Can File a Wrongful Death Lawsuit

Before signing any settlement agreements or giving formal statements, it’s essential to speak with an experienced wrongful death attorney. Depending on state law, several individuals may be legally eligible to bring a wrongful death claim on behalf of the deceased. These typically include:

Spouses and Immediate Family Members – Surviving spouses, children, and sometimes parents of the deceased often have the first right to file.
Domestic Partners and Putative Spouses – Unmarried partners or those in a relationship resembling marriage may qualify, depending on the circumstances.
Those Who Were Financially Dependent – Individuals who relied on the deceased for financial support—regardless of blood relation—may have legal standing.
Extended Family Members – In certain cases, siblings, grandparents, or other relatives may be permitted to file if no closer relations are available.
Parents of a Deceased Unborn Child – Some states allow parents to pursue claims in cases involving the wrongful death of a fetus.
Others Who Incurred Financial Loss – Anyone who can prove they suffered financially due to the death may be considered eligible under specific legal frameworks.

What Will Our Charlotte, NC Wrongful Death Attorneys Do?

A wrongful death attorney at Edwards Kirby will perform the following when handling a wrongful death claim:

Investigate the cause of death
Determine the party responsible for the wrongful death
Identify applicable insurance policies to provide compensation
Determine individuals entitled to receive compensation
Establish estate
Collect evidence of damages
File insurance claims
Prepare wrongful death lawsuits

Wrongful Death FAQs

What Is the Difference Between Wrongful Death and Negligence?

If a wrongful death attorney proves that negligence resulted in a fatality, the offending party is liable for the accident and must pay the surviving family members. For the affected family members, a wrongful death lawsuit is a legal action they can take to ensure that the offending party is held responsible for the accident.

How Are Wrongful Death Proceeds Divided in NC?

In North Carolina, wrongful death proceeds are divided among the surviving family members. If the deceased was married, then their spouse will receive all the funds, assuming there are no other surviving family members. If the deceased has surviving children and/or parents, then their spouse will receive the initial $50,000 while the rest of the money is divided among the other surviving relatives.

What evidence should be admitted in a wrongful death suit?

In a wrongful death case, we focus on presenting evidence that proves the defendant’s negligence or misconduct directly caused the death. This can include medical records, accident reports, expert witness testimony, surveillance footage, and financial records showing the impact on the family. Personal testimonies and documentation of emotional suffering are also important in demonstrating damages. The stronger and more complete the evidence, the more compelling the case.

What are the odds of winning a wrongful death lawsuit?

The odds of winning a wrongful death lawsuit depend on the specifics of the case—such as the clarity of the evidence, the jurisdiction, and the quality of legal representation. If negligence is clear and well-documented, the chances of a favorable outcome increase significantly. While no attorney can guarantee a win, a thorough investigation and strategic case presentation can improve the likelihood of success. Our firm works closely with families to build strong, evidence-based claims that maximize the potential for justice and compensation.

If A Loved One Has Experienced a Wrongful Death, Call Edwards Kirby Today!

919-780-5400

Our Record Setting Results from Wrongful Death Lawsuits

View More Results

$23.3 Million

Brain injuries suffered at birth, including cerebral palsy and spastic quadriplegia.

OUR COMMITMENT TO CHARLOTTE VICTIMS

Charlotte, often referred to as the “Queen City,” is a city that mourns the loss of loved ones due to wrongful death. Our Charlotte wrongful death attorneys are here to provide compassionate guidance during this challenging time. We’re dedicated to seeking justice and ensuring responsible parties are held accountable for their actions in this historic and continuously growing community.