Horton & Mendez Injury Attorneys is a North Carolina wrongful death lawyer offering free consultations. We answer phones 24/7, serving clients throughout the state.
Our lawyers help clients seek compensation when they have lost a loved one because of a wrongful death. We provide complete representation, helping the surviving family receive compensation.
Call or message us to get legal help now.
Attorneys for North Carolina Wrongful Death Lawsuits
A wrongful death lawsuit is the way that family members can receive compensation for losing a loved one. Our attorneys offer free consultations for survivors. When you are grieving, you can have an experienced legal team handling your case.
What Constitutes Wrongful Death Under North Carolina Law?
A wrongful death is like a personal injury claim. Someone (or an entity) did something wrong, like negligence, recklessness, or intentional conduct. Most cases are accidents and based on a lack of reasonable care. The legal term for this is negligence.
If negligence results in injury, it’s a personal injury case. When negligence or other misconduct results in death, it constitutes wrongful death.
Wrongful death is the type of legal case that survivors bring to claim compensation.
While wrongful death claims are like personal injury claims, there are some significant differences.
Common Causes of Wrongful Death in North Carolina
- Car accidents
- Truck and other motor vehicle accidents
- Slips and falls, falls from an elevated surface
- Heavy equipment malfunctions
- Sports and recreation incidents
- Dangerous property conditions
- Inadequate security
- Fire, electrical hazards
- Dangerous products
- Toxic and chemical poisoning
- Food poisoning
- Dog bites, animal attacks
- Crime, intentional harm, gunshot wounds
A wrongful death doesn’t have to fall into a specific category. The question is whether someone else has legal fault for what happened.
What if I don’t know if I have a case?
If you don’t know if you have a wrongful death case, contact us. Ask for a free consultation with a lawyer, and our legal team can investigate.
Of course, those responsible for wrongful death aren’t likely to volunteer information. At Horton & Mendez Injury Attorneys, we’re ready for tough cases. We can look at the underlying causes and who may be at fault. We’ll pursue all ways you might bring a case for compensation.
Who Can File a Wrongful Death Lawsuit in NC?
Spouses, children, and parents may benefit from a wrongful death claim. The personal representative files the case since one person needs to be in charge and make decisions. However, it’s the spouse, child, and parents that may qualify to receive proceeds. North Carolina law determines who gets the money in a wrongful death lawsuit.
The Role of a Personal Representative in a Wrongful Death Claim
The personal representative is the person named in the will. Otherwise, it’s usually a close family member. The court will name the person if they’re not named in the will, and there’s guidance in the law for who should be appointed.
It’s up to the personal representative to start the wrongful death case and file the paperwork.
The personal representative decides whether to settle the wrongful death case. They must make a fair allocation for direct expenses like funeral costs and medical bills.
Do we still need a lawyer if we have a personal representative?
Yes. Having a personal representative is not the same thing as having a lawyer for a wrongful death claim. Because the victim is deceased, there must be a name and a person to initiate the lawsuit, which is the personal representative. However, this person isn’t necessarily a lawyer.
You can and should have a lawyer handle your wrongful death claim. Without a lawyer, you’re held to the same standards as lawyers when it comes to legal procedures, documents, and deadlines. A lawyer is an experienced professional who can handle the claim. We invite you to contact us to learn how a lawyer can help in your case.
Types of Compensation Available in NC Wrongful Death Cases
Compensation available in an NC wrongful death case is both economic and non-economic. The claim should reflect that the loss of a family member is both financial and personal.
Economic losses like medical bills and last expenses can be claimed. In addition, the income that the deceased person would have earned may be included.
However, the loss of a person is so much more than financial. The family has grief and the anguish of losing their loved one. A spouse has lost the physical relationship. Loss of guidance, support, and services can change the family. These personal losses are significant and may be included in the claim.
Proving the right to compensation is an important part of a wrongful death claim, but it is only the first step. You must also show what compensation you deserve, showing in detail the existing relationships among family members. A lawyer can help you gather and present this information effectively.
How Long Do You Have To File a Wrongful Death Claim in NC?
Usually, you have two years to file a wrongful death claim in NC.
- The claim doesn’t have to be completed within two years, only started.
- Talking to the insurance company doesn’t count; you must formally file your claim.
- Starting the case requires filing legal documents in the right court.
- There are exceptions to the deadline, but only when certain circumstances are present, which is rare.
Sometimes, there is preliminary work that must be done before filing the case so it’s always best to contact a lawyer as soon as possible.
The insurance company may reach out to discuss your case and may even make a settlement offer. These conversations don’t stall the deadline to formally start a case. The insurance company wants you to forget to file your claim. Always talk to a lawyer right away.
Why Hiring an Experienced North Carolina Wrongful Death Lawyer Matters
Knowledge. Rely on our wrongful death lawyers for our knowledge of the law and legal procedures.
Experience. Our experience gives us the insight to identify the important issues in your case. Get personalized representation.
Efficiency. Let us pursue your case efficiently, handling the legal burdens while you grieve the loss of your loved one.
Guidance. You have an advocate to provide guidance and answer questions.
We Turn the Tables on the Insurance Companies
At Horton & Mendez Injury Attorneys, we know the insurance company playbook. That’s because we used to work for insurance companies, and we know their tactics. Today, we use that knowledge for you, representing our clients to bring wrongful death claims and taking on the insurance companies for your compensation.
Talk to a North Carolina Wrongful Death Lawyer
If you have lost a loved one, we invite you to talk to a North Carolina wrongful death lawyer. At Horton & Mendez Injury Attorneys, we offer free consultations with no obligation. Meet in our offices or wherever it may be convenient for you. We handle claims statewide.
Work with a North Carolina wrongful death attorney. We’re taking new cases. Call or message us now.
