Charlotte Wrongful Death Attorneys
If you have lost a loved one as a result of someone else’s negligence or wrongdoing, you may be entitled to wrongful death compensation. No amount of money can make up for the loss of someone who was dear to you, but it can relieve the financial burden and help you and your family move forward. A wrongful death claim can be brought in cases where the victim could have sued for personal injury if he or she had survived. Our Charlotte wrongful death attorneys are here to help you and your family during this difficult time. Please, call us today.
Wrongful Death Damages
Damages that can be recovered under North Carolina wrongful death law include:
- Medical expenses for the decedent that were incurred as a result of the accident
- Pain and suffering of the decedent
- Funeral expenses
- Income the decedent would have contributed to the survivors
- Compensation for services, protection, care and assistance the decedent would have provided
- Compensation for society, companionship, comfort, guidance, kindly offices, and advice the decedent would have provided
- Punitive damages under some circumstances
Wrongful Death Beneficiaries
North Carolina law is very specific when it comes to who can receive the money that is won in a wrongful death lawsuit. After certain expenses are deducted from the award, including funeral expenses, limited medical expenses, the cost of the legal action and attorneys’ fees, the remaining portion is distributed according to North Carolina Intestate Succession. This is the same law that governs how assets are distributed when a person dies without a will, but in wrongful death cases it is used even if the decedent had a will.
Intestate Succession is very complicated. It favors the surviving spouse and children of the decedent, but grandchildren can take the place of children who are no longer living. If there are no surviving children or grandchildren, the parent or parents of the decedent can receive a share.
Time Limits
The statute of limitations is the time limit for filing a lawsuit. The statute of limitations for wrongful death in North Carolina is two years from the date of death. However, you are also subject to the statute of limitations that would have applied if the victim had survived and brought their own lawsuit. The statute of limitations for personal injury, in North Carolina, is three years from the date of injury. In cases where the victim did not succumb to their injuries until a year or longer after their accident, the statute of limitations for the personal injury suit would bar you from bringing a wrongful death suit.
Our experienced Charlotte wrongful death attorneys can help you navigate the complex legal issues involved with wrongful death cases. Please call us today at (704) 892-1699 or contact us online to schedule your free consultation.
