Compassionate Guidance Through Difficult Times
Frustration, anger, and overwhelming grief are natural reactions to losing a loved one because of someone else’s actions or carelessness. If you believe your loved one’s death was caused by someone else’s negligence, our compassionate Greenville wrongful death lawyers are committed to advocating for you and your family. We understand that no amount of compensation can undo your loss, but pursuing a wrongful death claim can help hold negligent parties accountable and provide financial security for those left behind.
At Ricci Law Firm Injury Lawyers, we have 60 years of collective experience and have obtained tens of millions of dollars on behalf of our clients*. Our focus is to recover the justice and peace of mind our clients are owed while helping your family navigate the legal process during an incredibly difficult time.
Whether your loved one was killed in a car accident, truck accident, work-related incident, or another preventable tragedy, our team is prepared to stand by your side and fight for your rights.
What Is Wrongful Death in North Carolina?
When negligence or carelessness leads to a fatality, the resulting death may be considered wrongful. Under North Carolina law, wrongful death is a death caused by the “wrongful act, neglect, or default of another.” A wrongful death claim is similar to a personal injury claim that the deceased could have pursued had they survived.
Negligent actions by a company, corporation, or individual may be grounds for a wrongful death case. The right to pursue the claim passes through the deceased person’s estate, allowing eligible surviving family members to receive compensation according to North Carolina law.
Who Can File a Wrongful Death Claim in North Carolina?
North Carolina requires a wrongful death claim to be filed by the personal representative of the deceased person’s estate. This is generally the person named in the deceased’s will or, if there is no will, an administrator appointed by the court.
The personal representative files the claim, while the compensation recovered is distributed to eligible surviving family members according to North Carolina’s laws of inheritance. Depending on the circumstances, those who may benefit from a wrongful death claim can include:
- A surviving spouse
- Children of the deceased
- Parents, if there is no surviving spouse or children
- Other heirs when no immediate family exists
As a spouse or dependent of the deceased, you may be eligible to receive compensation following a wrongful death. If the deceased was young or had no spouse or children, parents or other people may be entitled to pursue compensation. An individualized consultation with our lawyers is necessary to discuss the factors unique to your case and determine who is eligible.
Our case evaluations are free, and we do not charge attorney’s fees unless we successfully recover compensation on your behalf.
Navigating the Complexities of Wrongful Death Claims
We represent families seeking justice after the loss of a loved one due to negligence or wrongful actions. Our team helps secure compensation for funeral expenses, lost income, and emotional distress, providing the support needed during this difficult time.
Additionally, we pursue claims against all responsible parties and guide families through the legal process, ensuring they receive the financial resources necessary to rebuild their lives and honor their loved one’s memory.
All Related Practice Areas:
Causes of Wrongful Death
Common causes of wrongful death claims include:
- Car Accidents
- Truck Accidents
- Pedestrian Accidents
- Construction Accidents
- Work Accidents
Wrongful death cases can result from many different types of negligence or preventable accidents. In Greenville and throughout Eastern North Carolina, some common causes include:
Motor Vehicle Accidents
Car, truck, and motorcycle accidents are leading causes of wrongful death. Crashes caused by speeding, distracted driving, impaired driving, reckless operation, or negligent commercial drivers can result in fatal injuries.
When another driver’s carelessness causes the death of your loved one, our Greenville wrongful death lawyers can investigate the circumstances of the crash and pursue compensation from the responsible parties.
Work-Related Accidents
Workplace accidents can sometimes be fatal, particularly in industries involving construction, manufacturing, heavy machinery, or other hazardous conditions. When a loved one’s death is caused by an accident at work, workers’ compensation death benefits may be available.
Our lawyers are extensively experienced and knowledgeable in North Carolina workers’ compensation law, and we can help make sure your family receives the full amount of benefits you are due.
Dangerous Products
If a defective or dangerous product causes a fatal injury, the manufacturer, distributor, or retailer may potentially be held responsible. Fatal injuries can result from defective vehicle parts, household products, unsafe equipment, or other dangerous products.
Premises Liability
Unsafe property conditions can also result in fatal accidents. Inadequate maintenance, dangerous stairways, poor lighting, inadequate security, or other hazardous conditions may contribute to a death. Depending on the circumstances, a property owner or other responsible party may be held accountable.
Wrongful Death vs. Survival Actions
A wrongful death claim may sometimes be accompanied by what is known as a survival action. These are separate legal claims that address different losses.
A wrongful death claim seeks damages associated with the losses suffered by surviving family members because of their loved one’s death. A survival action, on the other hand, seeks compensation for losses the deceased experienced between the injury and death.
For example, if your loved one survived for hours or days after an accident before passing away, a survival action may seek compensation for:
- Medical expenses
- Conscious pain and suffering
- Lost wages between the injury and death
Together, wrongful death and survival claims can address the broader consequences of a fatal accident.
What You May Be Entitled to for the Death of a Loved One
No amount of money can replace the life of someone you love. However, financial compensation can help your family address the expenses created by the death and provide greater financial stability as you move forward.
In a wrongful death case, we can pursue compensation for damages such as:
- Medical expenses
- Funeral and end-of-life expenses
- Loss of loved one’s earnings
- Loss of companionship
- Loss of loved one’s inheritance
- Loss of loved one’s benefits
- Pain and suffering
Damages may include both financial losses and the profound personal consequences of losing a loved one. If the deceased was the primary source of financial support for your family, compensation for lost income and benefits can be particularly important to your family’s future.
In some circumstances involving especially egregious or reckless misconduct, punitive damages may also be available to punish the responsible party and deter similar conduct.
Wrongful Death and Work-Related Accidents
When a loved one dies in a workplace accident, your family may be entitled to workers’ compensation death benefits. Workers’ compensation can provide financial relief, but it does not account for every potential loss and does not provide compensation for pain and suffering.
If a third party, such as an equipment manufacturer, subcontractor, or negligent driver, contributed to the fatal accident, a wrongful death claim may also be possible in addition to workers’ compensation benefits.
Our Greenville wrongful death lawyers can evaluate the circumstances of your loved one’s death and help determine which avenues of recovery may be available.
How Ricci Law Firm Injury Lawyers Supports Grieving Greenville Families
At Ricci Law Firm Injury Lawyers, we know how overwhelming the loss of a loved one can be. Families turn to us because we bring extensive experience, a commitment to justice, and compassionate guidance during some of the most difficult moments of their lives.
When you work with our firm, you can expect:
- Compassionate Guidance: We listen to your story, answer your questions, and explain the legal process in understandable terms.
- Thorough Investigation: We gather evidence, review available records, interview witnesses, and investigate the circumstances surrounding your loved one’s death.
- Aggressive Advocacy: Whether your case is resolved through settlement negotiations or requires litigation, we work to hold negligent parties accountable.
- No Upfront Costs: Our firm works on a contingency fee basis, meaning you do not pay attorney’s fees unless we successfully recover compensation for you.
Our goal is to take as much of the legal burden off your family as possible so you can focus on grieving, healing, and moving forward.
The Statute of Limitations for Wrongful Death in North Carolina
Timing is critical in wrongful death cases. Under North Carolina law, the personal representative of the estate generally has two years from the date of death to file a wrongful death claim.
If a lawsuit is not filed within the applicable deadline, your family could lose the opportunity to pursue compensation. There are limited circumstances that may affect the applicable deadline, so you should not assume that a particular deadline applies to your case without speaking with an attorney.
It’s Best to Speak With a Wrongful Death Attorney ASAP
The sooner you contact an attorney, the sooner your legal team can begin investigating what happened. Evidence can disappear, witnesses’ memories can fade, and insurance companies may begin building their defenses immediately after a fatal accident.
Contacting a wrongful death attorney near you promptly can help protect important evidence, identify potentially responsible parties, and ensure your family’s claim is handled within the applicable legal deadlines.
Why Hiring a Wrongful Death Lawyer Near You Matters
When you search for a “wrongful death attorney near me,” you’re looking for more than legal knowledge. You need an attorney who understands North Carolina law, your community, and the challenges your family faces.
Choosing a local firm like Ricci Law Firm Injury Lawyers can provide advantages such as:
- Familiarity with local courts and legal procedures
- Access to local experts and investigators
- Understanding of the risks and industries affecting Greenville and surrounding communities
- Accessibility for in-person meetings during a difficult time
Our Greenville wrongful death lawyers serve families in Fayetteville, Raleigh, Charlotte, and surrounding areas. We understand the communities we serve and are committed to providing personalized representation to families throughout North Carolina.
Steps to Take After the Wrongful Death of a Loved One
After a fatal accident, families are often unsure about what to do next. While every situation is different, taking certain steps can help protect your family’s rights.
First, secure the death certificate, which may be necessary for estate matters and insurance claims. An estate representative should also be appointed to handle the legal process. If the deceased did not leave a will naming someone to serve in this role, the court can appoint an administrator.
Your family should also preserve any available evidence related to the death, including accident reports, medical records, photographs, witness contact information, and other documents that may help establish what happened.
Exercise Caution When Speaking With Insurance Representatives
Insurance companies may attempt to minimize their financial responsibility or shift blame after a fatal accident. For this reason, families should use caution when communicating with insurance representatives.
Avoid giving recorded statements or signing documents related to a settlement before you understand your legal rights. An experienced wrongful death attorney can communicate with insurers on your family’s behalf and help protect your interests throughout the claims process.
Get Peace of Mind With a Qualified Wrongful Death Attorney
Contacting a qualified wrongful death lawyer near you as soon as possible can help protect your family’s rights and future. Your attorney can investigate the circumstances of the death, communicate with insurance companies, identify potentially responsible parties, and make sure your claim is handled within the applicable deadlines.
Frequently Asked Questions About Wrongful Death Claims
How much is a wrongful death case worth?
The value of a wrongful death case depends on numerous factors, including medical expenses, funeral costs, lost income and benefits, and the relationship of surviving family members to the deceased. Every case is different, so an attorney must evaluate the specific circumstances before determining what compensation may be available.
Can multiple family members file separate claims?
In North Carolina, the wrongful death claim is generally filed by the personal representative of the deceased person’s estate rather than by each surviving family member individually. The compensation recovered is distributed according to North Carolina law.
Do wrongful death cases always go to trial?
No. Many wrongful death cases may resolve through settlement negotiations. However, Ricci Law Firm Injury Lawyers prepares cases to pursue the strongest possible outcome and is prepared to advocate for clients in litigation when necessary.
How long does it take to resolve a wrongful death case?
The timeline varies depending on the complexity of the case, the parties involved, the willingness of the defendant to negotiate, and the court’s schedule. Some cases may resolve relatively quickly, while others can take considerably longer.
What if the death was partially the victim’s fault?
North Carolina follows a strict contributory negligence rule. Depending on the circumstances, a finding that the deceased was even partially responsible for the accident may affect the ability to recover compensation. Because these issues can be complicated, it is important to have an experienced wrongful death attorney evaluate your case.
Wrongful Death FAQs
Wrongful death claims can be complex, with numerous legal challenges that may feel overwhelming, especially while grieving the loss of a loved one and managing the emotional and financial aftermath.
To assist you, we’ve compiled answers to some of the most common questions our clients have about wrongful death cases in North Carolina. Read on to understand your rights and explore your options for seeking justice and compensation.
It can be easy to feel like your personal injury case is taking forever. There seems to be a snag at every turn you take toward a resolution. You can’t help but wonder if there’s a way ...
Reach Out to Our Firm at (252) 777-2222 —We Are Here for You
No amount of compensation can undo the tragedy of losing a loved one in a preventable accident, but compensation can help you and your family relieve some of the financial burdens you are facing. You can focus on healing and moving forward without the added strain caused by your loved one’s lost financial contributions and the bills associated with their death.
At Ricci Law Firm Injury Lawyers, we have 60 years of collective experience and have obtained tens of millions of dollars on behalf of our clients*. We are committed to providing compassionate guidance while aggressively pursuing the compensation and accountability your family deserves.
If you have lost a loved one because of someone else’s negligence or in a work-related accident, please contact Ricci Law Firm Injury Lawyers for a free case evaluation with an experienced Greenville wrongful death lawyer. We are here for clients in Fayetteville, Raleigh, Charlotte, and surrounding areas.