Pursuing a Wrongful Death Claim in North Carolina

Filing a wrongful death claim can help you seek financial compensation after you’ve lost a loved one due to someone else’s negligence. It can also allow you an opportunity to hold that person accountable. At Price Petho & Associates, our Charlotte wrongful death lawyers are here to walk you through the steps in a way that’s easy to understand.

Step 1: Who can file a wrongful death claim?

Here in North Carolina, the personal representative of the deceased person’s estate must file a wrongful death claim. This might be the executor named in the deceased’s will or, if no will exists, someone appointed by the court. The personal representative is responsible for pursuing the claim and managing the legal estate throughout the process.

If you’re unsure as to whether you’re eligible to act as the personal representative, our wrongful death attorneys can help you figure it out.

Step 2: Setting up the estate

You must set up the deceased’s estate before you can file your claim. To set up the estate, first, the personal representative files paperwork with the probate court. The court issues documents to give the representative authority to act on behalf of the estate.

This process might sound a little complicated, but with the help of our Charlotte wrongful death lawyers, it can go smoothly. We handle all the paperwork and deadlines so you can focus on yourself and your family during this difficult time.

Step 3: Gathering evidence to support your claim

After the estate is set up, our attorneys begin building your wrongful death case by collecting evidence to demonstrate that another person’s negligence or wrongful actions caused your loved one’s death. Some important evidence includes:

• Police reports, if the death resulted from a car accident or similar incident.
• Medical records, to show your loved one’s injuries and cause of death.
• Witness statements or accounts from people who saw what happened.
• Expert testimony, where professionals like accident reconstruction experts or medical specialists can strengthen your case.

The wrongful death attorneys at Price Petho & Associates can handle this investigation for you.

Step 4: Determining damages

Successful wrongful death claims allow you to secure compensation for the following types of damages:

• Medical bills related to the treatment of your loved one’s injury or illness.
• The expenses for laying your loved one to rest.
• The wages your loved one would have earned if they had lived.
• The value of household contributions, like childcare or maintenance, that your loved one provided.
• Loss of companionship, which is the emotional toll of losing a loved one.

Our attorneys factor economic and emotional losses into your claim to help maximize the compensation you receive.

Step 5: Filing the claim

Once our attorneys compile the evidence and calculate your damages, we file your wrongful death claim. This claim outlines the facts of the case, provides evidence of negligence or wrongdoing, and lists the damages you’re seeking.

Remember, North Carolina has a two-year statute of limitations for wrongful death claims. This means you must file your lawsuit within two years of your loved one’s death. Missing this deadline could prevent you from recovering compensation, so it’s important to act quickly. Our Charlotte wrongful death lawyers can help ensure you don’t miss any important deadlines.

Step 6: Negotiate or go to trial

Fortunately, many wrongful death cases in Charlotte will settle out of court through negotiations. This means the responsible party (or their insurance company) offers you compensation to avoid going to trial.

If a fair settlement cannot be reached, then the case may proceed to trial. During a trial, a judge or jury will review the evidence and determine the outcome.

Having an experienced wrongful death attorney is critical during this process. At Price Petho & Associates, we can handle negotiations and fight for your rights in court if necessary.

Step 7: Distributing the proceeds

After you reach a settlement or the court reaches a verdict, compensation may go toward related damages, like funeral and burial costs, that need to be reimbursed. Next, they cover any legal costs and expenses associated with pursuing the claim.

The remaining funds are distributed to the beneficiaries. The proceeds do not go into the decedent’s estate, which is helpful because it prevents the funds from being accessible to any creditors (with limited exceptions). North Carolina’s intestate succession laws dictate who receives the money. Generally, this means the spouse and children share the proceeds. If there’s no spouse or children, the parents or siblings may inherit the funds.

Our attorneys can help make sure the distribution is handled fairly and according to the law.

The following are some common questions about wrongful death proceedings.

Q: Who gets the money?

A: The compensation typically goes to the deceased’s closest family members, like a spouse, children, or parents. If no immediate family exists, more distant relatives may inherit the proceeds.

Q: What happens if family members disagree about the distribution?

A: Disputes over the proceeds sometimes happen, especially in complex family situations. Our attorneys can mediate these conflicts. It may be necessary to take the issue to court.

If you’ve lost a loved one due to someone else’s negligence, don’t navigate the legal process alone. At Price Petho & Associates, we understand the pain and uncertainty you’re facing, and we’re here to help you pursue justice and secure the compensation your family deserves. Let us handle the legal complexities while you focus on healing. Please call our office or submit our contact form to schedule a free consultation at one of our Charlotte, Rutherfordton, or Rockingham offices today.