RALEIGH WRONGFUL DEATH ATTORNEYS

Representing Families of Wrongful Death Victims

NORTH CAROLINA DEATH ATTORNEYS

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 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 North Carolina 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.

Who Pays the Damages in a Wrongful Death Case?

In a wrongful death case, the damages are typically paid by the party found liable for the death. The compensation is usually covered by the liable party’s insurance company or directly by the defendant if insurance is insufficient or unavailable. Common liable parties in wrongful death cases include:

Medical professionals
Healthcare facilities
Manufacturers
Employers
Drivers
Businesses
Property owners
Residents of a rental property

What Qualifies as Wrongful Death

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

What Will Our Raleigh, 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

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

$2.51 Million

Drunken Driving Wrongful Death

$14.5 Million

Families of killed construction workers settle claims for $14.5M

$2.25 Million

Pavement Drop-Off Crash

$2.6973 Million

Tractor-Trailer Wreck

$6 Million

Lifeguard Electrocution

$8.6 Million

Drunken Driving Wrongful Death

Wrongful Death FAQs

How hard is it to prove wrongful death?

Wrongful death cases are especially complex. To be in a position to win a wrongful death lawsuit, the plaintiff needs to be able to prove that the defendant owed a duty to the victim and that it was breached due to the defendant’s negligence.

Who can file a wrongful death lawsuit in North Carolina?

A wrongful death lawsuit, in North Carolina, may be filed by the personal representative of the deceased person’s estate, which is either the Executor or the Administrator. Edwards Kirby works with experienced estate attorneys to help make this process as smooth and easy as possible.

What is the difference between a murder and a wrongful death?

The difference between a murder and a wrongful death comes down to intent. By law, to convict a party of murder, there must be a burden of proof beyond a reasonable doubt that the defendant is 100% responsible for the death, as well as proof of this intent. In the case of wrongful death, the burden of proof comes down to the “preponderance of evidence,” meaning that the plaintiff must prove that there was at least a 51% chance the defendant is responsible for the victim’s death. Civil and criminal cases are not mutually exclusive; meaning that civil cases for wrongful death can be filed in addition to corresponding and ongoing criminal cases.

What is the average wrongful death settlement?

The average wrongful death settlement can vary widely depending on the circumstances of the case, such as the jurisdiction, the specifics of the incident, the defendant’s ability to pay, and the impact on the deceased’s family. Nationally, wrongful death settlements often range from $500,000 to several million dollars. Each case is unique, and the settlement is determined based on the damages suffered by the deceased’s estate and surviving family members.

Can a surviving spouse file a wrongful death case?

In most jurisdictions, including North Carolina, the personal representative of the deceased person’s estate, often the surviving spouse, has the legal right to bring a wrongful death lawsuit. This allows the surviving spouse to seek compensation for the financial and emotional losses resulting from their partner’s death.

Who can receive the damages in a wrongful death claim suit?

In a wrongful death suit, the damages are typically distributed to the deceased’s surviving family members and dependents. The exact distribution of damages can vary based on the laws of the state and the specific circumstances of the family. In North Carolina, the distribution is typically determined according to the state’s intestacy laws if there is no will specifying otherwise.

How long do you have to wait to file a wrongful death lawsuit?

In North Carolina, you typically have two years from the date of the deceased person’s death to file a wrongful death lawsuit. This time frame is known as the statute of limitations. Failing to file within this period generally means that the court will dismiss the case, barring any exceptions that might extend the deadline under specific circumstances.

OUR COMMITMENT TO RALEIGH WRONGFUL DEATH VICTIMS

Raleigh, the capital of North Carolina and known as the “City of Oaks,” is a city that mourns the loss of loved ones with compassion. Our Raleigh 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 dynamic and often ranked on best places to live lists city.