RALEIGH WRONGFUL DEATH LAWYERS

Representing Families of Wrongful Death Victims

NORTH CAROLINA 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 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.

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 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

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?

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.

Record Setting Results View More Results

$23.3 Million

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