Greenville Wrongful Death Attorney

The sudden loss of a loved one due to negligence is an unimaginable tragedy. Families are left with grief, financial uncertainty, and questions about how such a preventable event could have happened. When someone else’s careless or reckless actions cause a fatal accident, the law provides a way for surviving family members to pursue accountability through a wrongful death claim.

At Ricci Law Firm Injury Lawyers, our Greenville wrongful death attorney law firm is here to help families handle this difficult process with compassion and determination. With over 150 years of combined experience and a long track record of positive results, we are the thumbs up attorneys when it comes to investigating fatal accidents, protecting families’ rights, and pursuing the justice your loved one deserves.

What Is a Wrongful Death Claim?

A wrongful death claim arises when a person’s life is cut short due to the wrongful act, neglect, or fault of another. In other words, it is the legal action that family members can take when the deceased could have filed a personal injury claim had they survived. These cases are about more than financial recovery—they are about seeking justice, accountability, and closure for families who should never have had to face such a loss.

Common Causes of Wrongful Death in Greenville, NC

Fatal accidents happen far too often in Eastern North Carolina. Some of the most common causes include:

Motor Vehicle Accidents

With busy highways like US-264, NC-11, and Memorial Drive running through Greenville, crashes involving cars, motorcycles, and commercial trucks are a frequent source of wrongful death claims. Speeding, impaired driving, and distracted driving all contribute to fatal collisions in Pitt County.

Work-Related Accidents

Greenville has a wide range of industries—from healthcare and education to manufacturing and construction. Sadly, job sites with heavy machinery, chemical exposure, or unsafe practices sometimes lead to deadly accidents. Families may be entitled to both workers’ compensation death benefits and a wrongful death lawsuit when third-party negligence is involved.

Nursing Home Neglect

As Greenville is home to several nursing and assisted living facilities, wrongful death cases may arise from neglect, understaffing, or abuse. When an elderly or vulnerable resident dies due to poor care, families have the right to seek justice.

Dangerous or Defective Products

A defective tire, faulty medical device, or unsafe household product can lead to fatal injuries. In these cases, manufacturers, distributors, or retailers may all share liability under product liability laws.

Premises Liability Accidents

Property owners in Greenville must keep their premises reasonably safe. Fatal accidents can result from falls, unsafe stairways, inadequate lighting, or a lack of security in apartment complexes or commercial properties.

Who Can File a Wrongful Death Lawsuit in Greenville?

Unlike some states where multiple family members may file individually, North Carolina law requires that a wrongful death claim be filed by the personal representative of the deceased’s estate.

This personal representative, sometimes called an executor or administrator, brings the lawsuit on behalf of the estate and surviving beneficiaries. If the deceased named someone in their will, that person will serve as the representative. If no will exists, the court will appoint one, often a spouse, parent, or adult child.

The damages recovered from a wrongful death claim do not go to the estate itself but are distributed to the deceased’s heirs under North Carolina’s intestacy laws. That typically means:

A surviving spouse and children share the recovery
If no children exist, the spouse may recover most or all damages
If no spouse or children exist, surviving parents may recover
In rare cases, other relatives may be entitled to compensation

This system helps ensure that those closest to the deceased are financially supported in the wake of their loss.

Why Choose Ricci Law Firm Injury Lawyers for Your Wrongful Death Case?

Families across Eastern North Carolina choose Ricci Law Firm Injury Lawyers because they know we combine skill, experience, and compassion to deliver exceptional results. With millions recovered for clients, we bring the resources needed to take on even the most complicated wrongful death cases.

What sets us apart is not just our results, but our commitment to the people we serve. We offer free consultations, contingency fee representation, and a proven record of fighting tirelessly for justice. Whether your case arises from a highway crash, a workplace fatality, or nursing home neglect, we are prepared to guide you every step of the way.

We are also deeply connected to the Greenville community through initiatives like our NC Cares program, which donates to local nonprofits, and our weekly efforts to spotlight adoptable pets. For us, advocacy extends beyond the courtroom—it’s about supporting the people and places we call home.

Wrongful Death vs. Survival Actions

One of the unique aspects of wrongful death law is the distinction between wrongful death claims and survival actions.

Wrongful death claims focus on the losses suffered by the surviving family members: the loss of financial support, guidance, and companionship.
On the other hand, survival actions focus on the damages the deceased themselves experienced between the injury and their passing, such as pain and suffering, lost wages, and medical bills.

For example, if a person was injured in a car crash in Pitt County, received medical treatment for several weeks, and then passed away, the estate may file both a wrongful death claim and a survival action to fully address the scope of the harm.

Types of Damages in a Wrongful Death Case

While no amount of money can bring back your loved one, financial recovery helps protect your family’s future and ensures negligent parties are held accountable. In Greenville wrongful death cases, damages may include:

Medical expenses related to the final injury or illness
Funeral and burial costs
Lost income and financial contributions the deceased would have provided
Loss of companionship, guidance, and care
Pain and suffering experienced by the deceased before death
Punitive damages in cases of gross negligence or intentional misconduct

Compensation is distributed under North Carolina’s inheritance laws, ensuring that surviving family members receive the financial support to which they are entitled.

The Statute of Limitations in Wrongful Death Cases

Timing is a critical factor in wrongful death claims. In North Carolina, the personal representative of the estate typically has two years from the date of death to file a lawsuit. If the claim is not filed within this time frame, the court will almost certainly dismiss the case, regardless of how compelling the evidence may be.

Wrongful Death and Work-Related Fatalities

The death of a loved one on the job presents unique legal challenges. Workers’ compensation in North Carolina provides certain benefits, such as partial wage replacement and coverage of funeral expenses. Still, it does not allow families to recover for pain and suffering or loss of companionship.

In many workplace deaths, third-party liability may also exist. For example:

If a construction worker dies because of defective machinery, the manufacturer of that equipment may be held responsible.
If a delivery driver is struck and killed by a negligent motorist while on duty, the negligent driver (and their insurer) may be liable in addition to workers’ compensation.

An experienced Greenville wrongful death lawyer from our firm can carefully evaluate your case to determine whether both workers’ compensation benefits and a wrongful death lawsuit are available.

The Legal Process for Wrongful Death Cases

Pursuing a wrongful death claim can be overwhelming, especially for families already struggling with grief. Understanding the process helps ease some uncertainty:

Appointment of the Estate Representative – The court officially authorizes a personal representative to act on behalf of the estate.
Investigation – Attorneys gather evidence such as accident reports, medical records, witness statements, and expert testimony.
Filing the Lawsuit – A complaint is filed in the appropriate North Carolina court, often in Pitt County if the incident occurred in Greenville.
Discovery – Both sides exchange evidence and depose witnesses.
Negotiations and Settlement – Many cases are resolved through settlement negotiations before trial.
Trial – If settlement is not possible, the case may proceed to trial, where a jury determines liability and damages.

At Ricci Law Firm Injury Lawyers, our wrongful death attorneys prepare every case as though it will go to trial, even while pursuing fair settlements. This approach ensures we are ready for any outcome.

Steps Families Should Take After a Wrongful Death

In the aftermath of a fatal accident, families often feel paralyzed by grief and confusion, unsure of where to turn or how to move forward. Despite the emotional weight of the situation, taking specific steps can make a significant difference in protecting your family’s legal rights and ensuring that justice is pursued.

Secure the Death Certificate

One of the first tasks is to secure an official death certificate. This document is not only important for estate matters, but it will also be required when dealing with insurance companies, banks, and other institutions.

Appoint and Estate Representative

At the same time, it is essential to appoint an estate representative. If your loved one left a will, the named executor will typically serve in this role. If there is no will, the court can appoint an administrator, often a spouse, parent, or adult child, to handle the estate’s affairs.

Preserve All Relevant Evidence

Families should also make every effort to preserve relevant evidence. Accident reports, medical records, and witness information can provide a critical foundation for a wrongful death claim. Even small details, like photographs of the accident scene or correspondence from an employer in the case of a workplace fatality, may become invaluable later.

Avoid Speaking Directly with Adjusters

During this difficult time, it is wise to avoid speaking directly with insurance adjusters. These representatives are trained to minimize payouts and may use your words against you. Instead, direct all communication through a trusted wrongful death attorney from our firm.

Hire a Wrongful Death Attorney

Finally, contacting a wrongful death lawyer as soon as possible is one of the most critical steps a grieving family can take. They will shoulder the burden of investigating the circumstances, dealing with insurance companies, and ensuring the case is filed within North Carolina’s strict statute of limitations.

Be Sure to Take Action as Soon as Possible

Taking action quickly not only strengthens your case but also allows your family the space to focus on healing, knowing that your loved one’s memory is being honored through the pursuit of justice.

Frequently Asked Questions About Wrongful Death in Greenville

Do wrongful death cases always go to trial?

Not always. Many are resolved through settlement negotiations, but at Ricci Law Firm, we prepare every case for trial to ensure maximum leverage.

Why should I hire a local wrongful death attorney in Greenville, NC?

A local attorney knows the courts, the community, and the risks unique to Eastern North Carolina, providing a distinct advantage in pursuing justice.

Can a wrongful death case be filed if there is a criminal trial?

Yes. A wrongful death lawsuit is a civil case, which is separate from any criminal charges the responsible party may face. Even if there is an ongoing criminal investigation or trial, the estate representative can file a civil wrongful death claim.

Contact Our Greenville Wrongful Death Attorney

The loss of a loved one is a pain no family should endure, especially when it is caused by negligence. A wrongful death claim cannot bring your loved one back, but it can hold responsible parties accountable and provide your family with the financial support needed to move forward. With deep local roots and decades of combined experience, our thumbs up lawyers are committed to fighting for justice on your behalf.

To request a free consultation with qualified Raleigh wrongful death attorneys, contact our law firm online. You can also speak with our fatal accident lawyers by phone at (252) 777-2222.