Raleigh Wrongful Death Lawyer
The loss of a loved one due to another’s negligence is one of the most devastating experiences a family can endure. Beyond the grief and shock, families often face unanswered questions, mounting expenses, and uncertainty about how to move forward. Across North Carolina, state law allows surviving family members to pursue a wrongful death claim to hold negligent parties accountable and obtain financial recovery.
At Ricci Law Firm Injury Lawyers, our Raleigh wrongful death lawyer law firm combines compassion with over 150 years of collective legal experience. We’re on top of it when it comes to protecting your rights, investigating fatal accidents, and seeking justice for your family. While no legal process can replace the life of your loved one, filing a wrongful death claim can provide a sense of accountability and financial security during a profoundly difficult time.
Wrongful Death in North Carolina Defined
Under North Carolina law, a wrongful death occurs when a person’s life is lost due to the “wrongful act, neglect, or default” of another. Essentially, it is a personal injury claim that the deceased could have filed if they had survived, which is brought instead on behalf of the surviving family members.
Who Can File a Wrongful Death Claim in Raleigh?
Not just anyone can bring a wrongful death claim in North Carolina. The law requires that the lawsuit be filed by the personal representative of the deceased’s estate. This is often the executor named in a will. If no will exists, the court appoints an administrator—often a spouse, parent, or adult child.
Although the representative files the lawsuit, any compensation obtained is distributed to the deceased’s heirs according to North Carolina’s intestacy laws. This typically means:
- A surviving spouse and children share in the recovery.
- If no children exist, the spouse may receive the bulk or all of the compensation.
- If there is no spouse or child, surviving parents may recover damages.
- In rare cases, more distant relatives may be entitled to compensation.
This process ensures fairness and avoids the possibility of multiple family members filing competing lawsuits.
Why Choose Ricci Law Firm Injury Lawyers for Your Wrongful Death Claim
Families in Raleigh turn to Ricci Law Firm Injury Lawyers because they know we are relentless advocates who also provide compassionate guidance. We have the resources and determination to handle even the most complex wrongful death cases.
Our firm offers complimentary consultations and operates on a contingency fee basis, meaning you pay nothing unless we successfully resolve your case. Beyond our results, we are deeply committed to our communities. Through our NC Cares program, we donate to local nonprofits each month. This is part of our belief that advocating for families extends beyond the courtroom—it’s about making a difference in the community we share.
Understanding Wrongful Death Claims and Survival Actions
A common source of confusion is the difference between wrongful death claims and survival actions. Both may be pursued after a fatal accident in Raleigh, but they serve different purposes. Wrongful death claims seek damages for the harm suffered by surviving family members, such as loss of financial support, loss of companionship, and funeral expenses.
Survival actions seek damages for the harm the deceased suffered before their death, such as pain and suffering, medical bills, and lost income between the time of injury and death. For instance, if a Raleigh resident is severely injured in a truck accident and survives for several days in the hospital before passing away, the estate may pursue both a survival action (for their suffering and medical expenses) and a wrongful death claim (for the family’s losses).
Types of Wrongful Death Cases
Every wrongful death case is unique, but certain circumstances are more likely to result in fatal outcomes.
Motor Vehicle Accidents
Raleigh’s growing population and heavy traffic on I-40, I-540, and Glenwood Avenue contribute to serious crashes every year. Fatalities often result from impaired driving, speeding, distracted driving, or the involvement of large commercial trucks. These accidents can also involve rideshares, motorcyclists, pedestrians, and bicyclists.
Work-Related Accidents
From construction sites in downtown Raleigh to industrial work near Research Triangle Park, workplace fatalities can occur when employers or third parties fail to maintain safe conditions. Families may be entitled to both workers’ compensation benefits and wrongful death damages when negligence plays a role.
Nursing Home Neglect
Raleigh is home to numerous long-term care facilities, and sadly, some elderly residents suffer preventable deaths due to understaffing, neglect, or abuse. When a loved one dies because of unsafe conditions in a nursing home, families can pursue justice through a wrongful death claim.
Dangerous Products
From defective auto parts to unsafe medical devices, faulty products can cause fatal injuries. In these cases, manufacturers, distributors, and sellers may all share liability.
Premises Liability Accidents
Property owners in Raleigh have a duty to maintain safe conditions. Fatal accidents from falls, poor security, or unsafe building maintenance may give rise to wrongful death claims.
Raleigh Wrongful Death Claim Damages
While financial compensation can never replace a loved one’s presence, damages in a wrongful death case provide stability and accountability. Families may recover:
- Medical expenses related to the final injury or illness
- Funeral and burial expenses
- Lost income and future financial contributions of the deceased
- Loss of companionship, guidance, and care
- Pain and suffering experienced by the deceased before passing
- Punitive damages in cases of willful or reckless misconduct
Compensation is distributed to family members according to North Carolina inheritance laws, ensuring support for those most directly affected.
The Deadline for North Carolina Wrongful Death Cases
Time limits are critical in wrongful death cases. In North Carolina, the personal representative generally has two years from the date of death to file a wrongful death lawsuit. Failing to file within this period usually results in dismissal, no matter how strong the evidence may be.
There are, however, limited exceptions. In product liability cases, the timeline may depend on when the defect was discovered or reasonably should have been discovered. Additionally, if fraud or intentional concealment played a role, courts may extend the deadline. Because these rules are complicated and fact-specific, it is imperative to consult a wrongful death attorney in Raleigh as soon as possible after a loved one’s passing.
Work-Related Fatalities and Wrongful Death Claims
When a fatality occurs on the job, families often assume that workers’ compensation is their only option. While workers’ compensation death benefits may provide partial wage replacement and funeral expenses, they do not cover non-economic losses, such as pain and suffering or loss of companionship.
In many workplace fatalities, third-party negligence may also be a contributing factor. For example:
- If a construction worker in Raleigh dies because of defective scaffolding, the equipment manufacturer may be liable.
- If a delivery driver is killed by a reckless motorist while making deliveries, the at-fault driver can be held accountable.
- If unsafe subcontractor practices cause a fatal incident on a job site, that subcontractor may face liability.
An experienced Raleigh wrongful death lawyer from our firm can analyze the circumstances and determine whether both workers’ compensation and a wrongful death claim are available.
The Wrongful Death Claim Process
Pursuing a wrongful death claim can feel overwhelming, especially when a family is still in mourning. Understanding the legal process helps provide clarity.
First, the estate’s personal representative is officially appointed, either through the will or by the Wake County probate court. Next, the attorney investigates the case, gathering evidence such as accident reports, medical records, witness statements, and expert testimony. Once sufficient evidence is collected, a lawsuit is filed in the appropriate North Carolina court, often in Wake County if the death occurred in Raleigh.
The litigation process includes discovery, where both sides exchange evidence, depose witnesses, and prepare for trial. In many cases, negotiations lead to a settlement before trial. If a fair resolution cannot be reached, the case may proceed to trial, where a jury decides liability and damages.
At Ricci Law Firm Injury Lawyers, our Raleigh wrongful death attorneys prepare every wrongful death case as though it will go to trial. This thorough preparation not only ensures readiness but also strengthens our position during settlement negotiations.
Can a Wrongful Death Case Be Filed If Criminal Charges Are Also Filed?
Many families are surprised to learn that a wrongful death lawsuit is entirely separate from any criminal charges filed after a fatal accident. A wrongful death case is a civil action, while the state handles criminal charges through the district attorney’s office. This means the two processes can run at the same time, and the outcome of one does not necessarily control the other.
For example, if a negligent driver causes a fatal crash in Raleigh, prosecutors may file criminal charges such as vehicular manslaughter or impaired driving. At the same time, the deceased’s estate representative can file a wrongful death lawsuit seeking compensation for medical bills, funeral expenses, lost income, and loss of companionship. Even if the criminal case ends in an acquittal, the civil claim may still succeed because the burden of proof is different. Criminal cases require proof “beyond a reasonable doubt,” while civil wrongful death cases require proof by a “preponderance of the evidence,” meaning it is more likely than not that the defendant was at fault.
For grieving families, this distinction is essential. A wrongful death claim offers a path to accountability and financial recovery even when the criminal system cannot deliver a conviction.
What to Do After a Wrongful Death
In the days and weeks following a fatal accident, families may feel overwhelmed by grief and uncertainty. Still, specific steps are necessary to protect your rights. Securing the official death certificate is an essential first step, as it will be required for estate matters, insurance claims, and other legal processes. It is equally important to ensure that an estate representative is appointed to handle the claim, either through the will or by court appointment.
Families should also gather and preserve as much evidence as possible. Accident reports, medical records, photographs of the scene, and witness contact information can all prove critical later. While it may be tempting to answer calls from insurance companies quickly, doing so without legal advice can be risky. Adjusters are trained to minimize payouts and may pressure families into accepting less than they deserve. For this reason, it is best to allow your attorney to handle communication.
Finally, contacting a wrongful death lawyer as soon as possible helps ensure deadlines are met, evidence is preserved, and your family’s interests are fully protected.
Frequently Asked Questions About Wrongful Death in Raleigh
How much is a wrongful death case worth?
The value of a case depends on several factors, including medical expenses, lost income, the age and earning potential of the deceased, and the emotional loss suffered by surviving family members. Each case is unique, so it is best evaluated by an attorney.
What if the deceased was partially at fault?
North Carolina follows a strict contributory negligence rule. If the deceased is found even 1% at fault for the incident, recovery may be barred. This makes it critical to have an experienced lawyer investigate and present your case effectively.
Do wrongful death cases always go to trial?
Not always. Many cases settle through negotiations, but preparing every case for trial ensures your family is ready for any outcome.
How long do wrongful death cases take in Raleigh?
The timeline depends on the complexity of the case, the number of defendants, and whether a settlement is reached. Some cases are resolved within months, while others may take a year or more.
Contact Our Raleigh Wrongful Death Lawyer Law Firm Today
The death of a loved one caused by negligence is a tragedy no family should face. While nothing can erase the pain of your loss, a wrongful death claim can provide accountability, financial security, and a measure of justice. Ricci Law Firm Injury Lawyers is here to help. For a free consultation with experienced Raleigh wrongful death lawyers, contact our law firm online. You can also reach our law office by phone at (252) 777-2222.