North Carolina Wrongful Death Attorney

Losing a loved one because of someone else’s negligence or intentional actions is devastating. In these challenging times, you need compassionate and experienced legal guidance to help you seek justice and obtain the compensation you deserve. Contact Ricci Law Firm Injury Lawyers to speak with a trusted North Carolina wrongful death attorney law firm and learn how they can get started on your case.

We have multiple offices throughout the state, proudly serving Greenville, Raleigh, New Bern, Durham, Jacksonville, Fayetteville, Garner, Charlotte, Wilmington, Cary, Rocky Mount, and their surrounding communities.

Why Trust Our North Carolina Wrongful Death Attorneys to Honor Your Loved One?

With over 150 years of combined legal experience, our attorneys have established authority inside and outside of the courtroom, providing quality legal representation throughout North Carolina. We have built our reputation on dedication to families facing unimaginable loss, combining legal knowledge with genuine compassion.

Compassionate Legal Representation

We understand the profound grief that accompanies losing someone you love, especially when their death could have been prevented. Our wrongful death lawyers strongly advocate for families dealing with the aftermath of losing their loved one. We handle the legal challenges with sensitivity, allowing you to grieve while we pursue justice for your family and loved one.

Contingency Arrangement

Our North Carolina wrongful death attorney team at Ricci Law will work within contingency arrangements, meaning you don’t pay a dime unless we win your case. We guarantee no upfront or out-of-pocket expenses, allowing you to proceed with your case without worrying about adding financial strain to an already difficult situation. Our commitment to contingency representation demonstrates our confidence in our ability to secure favorable outcomes for our clients.

Proven Record of Success

Our firm has built a reputation for delivering results while treating each case with the care it deserves. We have recovered millions of dollars for families who trusted us to honor their loved ones and fight for justice on their behalf. Our track record includes numerous seven-figure settlements, reflecting both our thorough preparation and our commitment to supporting families during an incredibly difficult time.

How Much Is a Wrongful Death Case Worth in North Carolina?

The value of a wrongful death case depends on numerous factors unique to each situation, including the deceased’s age, earning capacity, and the circumstances surrounding their death. Our North Carolina wrongful death lawyers carefully evaluate every aspect of your loss to pursue maximum compensation.

Survival Actions

Under North Carolina General Statute § 28A-18-1, survival actions allow the estate to recover damages the deceased could have pursued if they had survived. These damages belong to the estate and are distributed according to the deceased’s will or intestacy laws. Available damages in survival actions include:

Final medical expenses
Lost wages from the time of injury until death
Conscious pain and suffering experienced by the decedent
Property and vehicle damages
Punitive damages in cases involving malice or willful or wanton conduct.

Our wrongful death attorneys understand how to coordinate survival actions with wrongful death claims effectively. We ensure all available avenues for compensation are explored and pursued vigorously. We can file these claims simultaneously with wrongful death claims to maximize your family’s recovery.

Wrongful Death Claims

Wrongful death claims compensate surviving family members for their losses resulting from the death of their loved one. In North Carolina, only the personal representative of the estate can file a wrongful death claim. However, the damages benefit specific family members. Under N.C. Gen. Stat. § 28A-18-2, recoverable damages include:

Final Arrangement Expenses: All reasonable costs associated with final arrangements, such as funeral, memorial, burial, or cremation services. These expenses can quickly accumulate and place a significant financial burden on grieving families.
Lost Income and Benefits: Compensation covers the wages and employment benefits the deceased would have earned. We determine future earnings by considering factors such as life expectancy, career path, and economic conditions.
Lost Services and Support: The value of household services, childcare, and other contributions the deceased provided. Many families underestimate the financial worth of these daily contributions until they must replace them.
Loss of Companionship and Guidance: Compensation for the emotional loss suffered by surviving family members. While difficult to quantify, these damages acknowledge the profound personal impact of your loss.

North Carolina doesn’t impose caps on wrongful death damages, allowing juries to award compensation that truly reflects the magnitude of your loss. Distribution of damages follows statutory guidelines, with proceeds going first to the surviving spouse, then to children if there is no spouse, and to other heirs according to intestacy laws. Our firm ensures proper distribution while protecting beneficiaries’ interests throughout the process.

What Is the North Carolina Statute of Limitations for Wrongful Death Claims?

Under state law, families face a two-year statute of limitations for wrongful death claims, beginning from the date of death. Missing this deadline generally bars your right to seek compensation, making timely action critical.

Potential Causes of Fatal Injuries

Wrongful death can occur in many situations where someone’s negligence or recklessness causes a fatal outcome. We have handled cases ranging from brief lapses in judgment to systemic failures in safety protocols. By thoroughly understanding the cause of your loved one’s death, our wrongful death attorneys in North Carolina can build a strong case to pursue both compensation and accountability.

Fatal Accidents

Fatal accidents can happen suddenly and without warning. These preventable tragedies leave families grappling with grief while facing significant financial challenges. Common types of accidents that can result in wrongful death include:

Car accidents
Motorcycle crashes
Commercial truck collisions
Pedestrian accidents
Slip and fall incidents
Boat accidents
Bus accidents
Nursing home abuse
Swimming pool drownings
Dog attacks
Defective products
Dangerous drugs
Premises liability incidents

Every accident requires specific investigative approaches and legal strategies to establish liability. The wrongful death attorneys at Ricci Law Firm Injury Lawyers are on top of it, ensuring thorough investigation and aggressive representation from day one.

Workplace Accidents

According to the Bureau of Labor Statistics, there was a fatal workplace accident in the U.S. every 99 minutes in 2023. North Carolina provides death benefits through workers’ compensation, but these benefits are limited and may not fully address your family’s needs.

Identifying third-party liability allows us to pursue additional compensation through civil lawsuits while you receive workers’ compensation death benefits. Our firm thoroughly investigates all potential sources of recovery to maximize compensation for your family’s loss:

Construction Site Accidents: Falls from heights, equipment failures, and structural collapses result in significant workplace fatalities each year. External contractors, machinery producers, or site owners may hold liability that extends past the employer’s workers’ compensation insurance.
Industrial Accidents: Contact with toxic substances, machinery malfunctions, and explosions creates fatal hazards in production facilities. Legal claims against equipment producers can offer supplementary compensation that goes beyond workers’ compensation payments.
Transportation Incidents: Professional drivers face heightened risks due to extended shifts and hazardous road conditions. When outside drivers are responsible for deadly crashes, surviving family members can file lawsuits against the liable parties in addition to collecting workers’ compensation.
Workplace Violence: Insufficient security measures or careless employee screening can result in avoidable job-related deaths. Companies may face legal responsibility that surpasses workers’ compensation when they neglect to provide secure work conditions.

Workplace accidents can have catastrophic and irreversible consequences when safety protocols are ignored or hazardous conditions go unaddressed. Conducting a thorough investigation into the circumstances of these accidents is essential to identify accountability, expose negligence, and pursue remedies.

What Is the Process for Pursuing a Wrongful Death Claim in North Carolina?

Pursuing a wrongful death claim involves multiple steps requiring careful coordination and strategic planning. Our North Carolina wrongful death attorneys guide you through each phase. We streamline the process to reduce stress during an already difficult time while ensuring no critical details are overlooked.

Identify or Appoint a Personal Representative

The personal representative serves as the legal authority to file a wrongful death claim on behalf of the estate and beneficiaries. If your loved one’s will names an executor, that person typically serves as the personal representative for wrongful death purposes. When no will exists or the named executor cannot serve, the court appoints an administrator through a formal legal process that we can help facilitate.

Gather Critical Evidence

Building a strong wrongful death case requires solid evidence demonstrating both liability and damages. At Ricci Law Firm Injury Lawyers, our team begins investigating immediately to preserve evidence before it disappears or degrades. Our investigative process includes:

Police reports
Medical records
Autopsy reports
Witness statements
Photographs and video evidence
Employment records and tax returns
Expert witness consultations
Safety inspection reports
Corporate records and policies

Time-sensitive evidence requires immediate attention to prevent spoliation or loss, and we are on top of it from the moment you retain our services. Our North Carolina wrongful death attorneys collaborate with accident reconstruction specialists, medical experts, and economic analysts to build compelling cases.

Identifying All Liable Parties

Investigating liability frequently reveals multiple parties whose actions or inactions contributed to your loved one’s death. Our thorough approach to identifying defendants includes investigating the following parties:

Direct Tortfeasors: The individuals whose actions directly caused the fatal incident bear primary responsibility. We investigate their insurance coverage, assets, and potential employer liability to ensure adequate compensation sources.
Employers and Corporations: Companies may face vicarious liability for employee actions or direct liability for safety violations. Corporate defendants often have substantial insurance coverage and assets to satisfy large judgments.
Property Owners: Dangerous conditions on someone’s property can lead to owner liability under premises liability law. Commercial property owners typically carry significant insurance policies that can provide compensation.
Product Manufacturers: Defective products causing death trigger strict liability claims against manufacturers and distributors. Product liability cases often involve multiple defendants throughout the supply chain.

Identifying all liable parties prevents any responsible entity from escaping accountability while maximizing potential compensation sources. Our investigation continues throughout the case as new evidence may reveal additional defendants. Strategic decisions about which parties to sue and when require careful analysis of liability, insurance coverage, and collectability.

Negotiating Full Settlements

Settlement negotiations require aggressive, strategic advocacy to push back against lowball offers and tactics used by insurance companies to minimize payouts. Our wrongful death lawyers leverage our proven trial experience and meticulous case preparation to demonstrate that we are fully prepared to take the case to court if a fair settlement is not offered. We keep you informed at every step, clearly explaining offers and providing honest guidance on whether a proposed settlement truly reflects your losses.

Proceeding With Legal Action

When settlement negotiations fail to produce acceptable results, we file formal lawsuits to pursue compensation through the court system. Litigation involves structured phases designed to move cases toward resolution through settlement or trial:

Filing and Serving the Complaint: We draft detailed complaints outlining factual allegations and legal theories supporting your claim. Proper service ensures defendants receive notice and cannot claim ignorance of the proceedings.
Discovery Process: Both sides exchange information through written questions, document requests, and depositions. Discovery reveals strengths and weaknesses in each party’s case, often facilitating settlement discussions.
Motion Practice: Legal arguments before the judge can narrow issues or eliminate weak claims and defenses. Successful motions strengthen your position and demonstrate the merits of your case.
Mediation Attempts: Courts often require mediation where neutral third parties facilitate settlement discussions. Many cases resolve through mediation when skilled negotiators present compelling arguments.
Trial Preparation and Presentation: We prepare thoroughly for the trial, including witness preparation and exhibit organization. Our trial attorneys present your case persuasively to judges and juries.

Throughout litigation, settlement opportunities arise as parties reassess their positions based on developing evidence and legal rulings. Most wrongful death cases settle before trial, but our trial preparation strengthens our negotiating position at every stage.

Contact Our Experienced North Carolina Wrongful Death Attorney Law Firm

Losing a loved one due to someone else’s negligence or wrongful act creates overwhelming emotional and financial challenges that no family should face alone. Our lawyers provide the skilled legal representation you need while treating you with the respect and understanding you deserve during this difficult time. To request a free consultation with our experienced North Carolina wrongful death attorney law firm, contact our law firm online. You can also reach us by phone at (252) 777-2222.