Raleigh Wrongful Death Attorney

A wrongful death may be defined as a death that is caused by another's actions, whether stemming from negligence, recklessness or intentional misconduct. Auto accidents are one of the most common grounds for wrongful death throughout the U.S. Additional causes include workplace accidents, falls, and medical malpractice. Depending on the situation, the heirs of the decedent may be able to recover financial compensation through this legal action.

Nothing can compare to the severe emotional trauma associated with the loss of a family member, particularly when this loss could have been prevented. At The Whitley Law Firm, we offer experienced legal representation to clients throughout North Carolina in wrongful death cases. We understand how to approach these matters in order to best protect our clients' interests and assist them in seeking justice for what has happened balanced with the sensitivity needed to help a family cope through the loss. To talk about your case and your legal options, we recommend that you contact a Raleigh wrongful death attorney at our law firm today. Your initial case evaluation is free.

About Wrongful Death Claims

Under North Carolina law, a wrongful death lawsuit must be filed within 2 years of the date of the loss. The legal representative of the decedent's estate must bring the legal action against the party responsible for causing the decedent's death. This means that the decedent's estate must be opened and a personal representative appointed by the clerk. This representative may be a spouse, child, parent or possibly the brother, sister or other relative of the decedent. Though an executor may have been named in the decedent's will, this is not sufficient for a wrongful death action - a formal appointment must be made to move forward with a case.

In a wrongful death case, the settlement or jury award obtained is not considered an asset of the estate and therefore will not be subject to creditors' claims. However, a certain amount may be allocated for funeral costs and medical expenses, not to exceed $4,500 or 50% of the total settlement or award. The proceedings of this settlement or award are distributed to the decedent's heirs based upon the Intestate Succession Act.

The damages that may be recoverable in a wrongful death action in North Carolina may include:

• Medical care, treatment and hospitalization prior to death
• Pain and suffering the decedent experienced prior to death
• Funeral expenses
• Loss of income, protection, care, services, assistance, companionship, guidance, comfort and society from the decedent
• In some cases, punitive damages

Contact a Raleigh Wrongful Death Lawyer

To find out more about what can be done to take legal action after the loss of a loved one, contact our offices for our free consultation. We have offices in New Bern, Raleigh, Greenville, Jacksonville and Kinston and represent clients throughout the state. Contact a Raleigh wrongful death lawyer 

For more information, visit our Wrongful Death Frequently Asked Questions (FAQ) page.