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North Carolina Wrongful Death Lawyer

Losing a loved one is an unimaginable tragedy, and when that loss is caused by someone else’s negligence or wrongdoing, the pain can feel even more profound. At Maginnis Howard, our mission is to help families like yours seek justice. A wrongful death can leave families not only grieving but also grappling with financial uncertainty and unanswered questions.

If you’ve lost a loved one due to the negligent or reckless acts of another, our North Carolina wrongful death lawyer can provide the support and advocacy you need during this difficult time. We can guide you through this complex and emotional process, ensuring that your family receives the justice and compensation you deserve.

Don’t wait to get the answers and support you need. Contact Maginnis Howard today for a free and confidential consultation.

Why Choose Maginnis Howard for Your North Carolina Wrongful Death Case

Choosing the right legal team to represent your family is one of the most important decisions you’ll make. At Maginnis Howard, we understand the gravity of what you’re going through. Losing a family member leaves a void that words can’t begin to fill, and while no legal action can bring them back, holding the responsible party accountable can provide a sense of justice—and help secure your family’s future.

Here’s why families across North Carolina choose Maginnis Howard to handle their wrongful death cases:

  • Proven Experience: With decades of combined legal practice, our team has successfully represented clients in Raleigh, Charlotte, Fayetteville, and beyond. We’ve recovered over $100 million for our clients, providing the skilled advocacy and attention to detail your case deserves.
  • Focus on Justice: We focus our practice on civil litigation and have handled numerous wrongful death cases stemming from medical malpractice, car accidents, workplace injuries, and more. Our aim is always to achieve the best possible outcome for our clients.
  • Compassionate Guidance: Navigating a wrongful death claim is overwhelming. Our team ensures that every step of the process is handled with care, keeping you informed and supported throughout.
  • Personalized Representation: We take the time to learn about your family and the unique circumstances of your loss. By tailoring our approach to your needs, we work tirelessly to secure compensation for medical expenses, funeral costs, lost income, and the emotional distress caused by your loss.

When your family’s future is on the line, you need a team of advocates who will stand by your side. At Maginnis Howard, we fight passionately on behalf of North Carolina families, ensuring that justice is served.

What is a Wrongful Death?

A wrongful death occurs when someone’s life is tragically cut short due to another person’s negligent, reckless, or intentional actions. These cases are more than just legal proceedings—they’re about seeking justice for the deceased and ensuring that the grieving family has the resources they need to move forward.

Wrongful death claims are civil lawsuits that allow surviving family members to pursue compensation for their loss. The damages sought in these cases often go beyond monetary concerns, reflecting the loss of love, companionship, and guidance that the deceased would have provided.

Common Causes of Wrongful Death

Wrongful death claims can arise from a wide range of unfortunate circumstances. Though every situation is unique, some of the most common causes include:

  • Automobile Accidents: Fatal car accidents are tragically common, often caused by reckless driving, drunk driving, speeding, or distracted driving.
  • Medical Malpractice: Cases where healthcare professionals fail in their duty of care, such as misdiagnoses, surgical errors, or medication mistakes, can lead to preventable deaths.
  • Workplace Accidents: Deadly workplace incidents, especially in industries like construction and manufacturing, can result from unsafe working conditions or lack of proper safety protocols.
  • Defective Products: Faulty equipment, defective medical devices, or hazardous consumer products can cause fatal injuries, holding manufacturers accountable in such cases.
  • Criminal Acts: Intentional actions, including assault or violence, that lead to someone’s death can form the basis of a wrongful death claim in addition to any criminal charges.

If your loved one lost their life due to any of these circumstances—or another act of negligence—our team is ready to take action on your behalf.

Do I Have a Wrongful Death Case?

Losing someone you love is devastating under any circumstances, but wrongful death cases are built on one specific foundation: negligence. Negligence means that another party failed to behave responsibly, and their actions (or lack of action) caused harm—or in this case, a tragic loss of life.

To pursue a wrongful death claim in North Carolina, the deceased’s personal representative must prove that negligence occurred. This is established through four key elements that form the basis of a successful claim.

  1. Duty of Care: The first step in proving negligence is showing that the at-fault party owed a duty of care to the deceased. A duty of care is a legal and moral obligation to act in a way that prevents harm to others. For example, drivers have a duty of care to follow traffic laws and drive safely, while doctors must uphold medical standards to ensure their patients’ well-being.
  2. Breach of Duty: After establishing the duty of care, it must be shown that the responsible party breached that duty. A breach happens when an individual acts irresponsibly or fails to take reasonable actions to fulfill their obligation. Examples include speeding on the highway, providing improper medical treatment, or neglecting workplace safety protocols.
  3. Causation: Causation is the link between the breach of duty and the death of your loved one. Your attorney must demonstrate that the responsible party’s negligent actions directly caused the fatal incident. This usually involves gathering evidence, such as accident reports, eyewitness testimony, or expert opinions, to establish a clear connection.
  4. Damages: Finally, you must show that the death resulted in damages—both economic and non-economic. This includes medical bills, funeral expenses, lost income, and the emotional loss your family now faces. The court considers all these factors when determining the compensation your family deserves.

Proving negligence requires skilled analysis and the ability to present a compelling case.

 

Who Can File a Wrongful Death Case in North Carolina?

When a loved one passes away due to another party’s negligence or misconduct, it’s natural to want justice for their untimely loss. However, in North Carolina, specific laws govern who is allowed to file a wrongful death case. This legal right rests with a person referred to as the personal representative of the deceased’s estate.

The personal representative is typically named in the deceased person’s will as the executor or estate administrator. If no will exists, the court may appoint someone to act as the personal representative, commonly a close family member such as a spouse, child, or parent.

The personal representative acts on behalf of the deceased and their surviving loved ones to seek justice and compensation for the losses they’ve endured. While they initiate and guide the claim, any compensation awarded is distributed to the eligible beneficiaries under North Carolina’s laws governing estates.

What Damages Are Available in a Wrongful Death Case in North Carolina?

The passing of a loved one affects every aspect of life—emotionally, financially, and beyond. While no amount of money can truly replace a life, a wrongful death claim aims to provide surviving family members with resources to move forward.

North Carolina law allows personal representatives to seek compensation for several categories of damages, including both economic and non-economic losses. These include:

  • Medical Expenses: Any medical bills incurred prior to your loved one’s passing, such as emergency care, surgeries, or hospital stays, can be recovered.
  • Burial and Funeral Costs: Expenses associated with providing a dignified burial and funeral service can be included in the claim.
  • Loss of Income: A wrongful death claim can compensate surviving family members for the deceased’s lost wages, including the income they would have provided over their lifetime.
  • Loss of Services, Protection, and Guidance: This category accounts for the loss of parental guidance, household services, and other roles the deceased fulfilled for the family.
  • Loss of Companionship: Surviving loved ones may receive compensation for the emotional void left by the absence of their spouse, parent, or child.
  • Punitive Damages: If the at-fault party’s actions were especially egregious or involved reckless behavior, punitive damages may be awarded to punish the wrongdoer and deter similar actions in the future.

Our attorneys will carefully evaluate your family’s circumstances, ensuring no damage goes unaccounted for. We aim to secure compensation that reflects the profound impact of your loss, helping you find some measure of closure.

Who Can Recover Compensation in a Wrongful Death Case?

While the personal representative is responsible for filing the claim, the compensation awarded is ultimately for the benefit of the deceased’s surviving family members. Under North Carolina law, the eligible beneficiaries for a wrongful death claim include the deceased’s heirs.

This typically means the following individuals may recover compensation based on the loss they’ve suffered:

  • Spouse of the deceased, who may be eligible for both financial and emotional damages.
  • Children, including minor children who relied on the deceased for guidance, companionship, and support.
  • Parents, particularly if the deceased was unmarried and had no children, or if their parents were financially dependent upon them.
  • Other Kin, in cases where no immediate family exists, distant relatives may qualify as beneficiaries.

North Carolina’s estate laws guide how compensation is divided among eligible family members. For example, a surviving spouse may recover a larger share of the settlement if there are no surviving children or parents. Our attorneys are here to ensure this process is handled fairly and with as little stress on your family as possible.

Who Can Recover Compensation in a Wrongful Death Case?

It’s essential to act swiftly if you believe you have a wrongful death case. North Carolina law imposes a statute of limitations, limiting the amount of time you have to file a claim.

The statute of limitations for wrongful death cases is generally two years from the date of death. Filing after this window may result in the court dismissing your case, no matter how strong your claim might be.

It’s important to note that some factors could affect this timeline. For instance, if the claim involves unique circumstances such as criminal investigations or substantial delays in discovering liability, exceptions may apply. Regardless, consulting with a North Carolina wrongful death attorney as soon as possible ensures you don’t miss critical deadlines.

At Maginnis Howard, we understand the urgency of these matters and will act promptly to protect your family’s rights. Trust us to handle the details, so you can focus on what matters most during this difficult time.

How Can a Wrongful Death Attorney Help with My Case?

Navigating the legal system while grieving a profound loss can be overwhelming. A compassionate and experienced wrongful death attorney can take that burden off your shoulders, ensuring your family receives skilled legal representation. Here’s how Maginnis Howard can help with your case:

  • Case Evaluation: We’ll listen to your story, evaluate whether you have grounds for a wrongful death claim, and explain the options available to you.
  • Gathering Evidence: Establishing negligence and liability requires thorough investigation. From collecting accident reports and medical records to consulting with expert witnesses, our team handles the critical evidence needed to build a compelling case.
  • Handling Negotiations: Dealing with insurance companies and corporate attorneys can be intimidating, especially during a time of grief. We’ll negotiate on your behalf to seek a fair settlement that considers every loss your family has suffered.
  • Litigation Support: If your case needs to go to trial, you can count on Maginnis Howard to stand by your side. We’re experienced trial lawyers who aren’t afraid to fight for justice in the courtroom.
  • Focus on You: Most importantly, we ensure that your voice is heard and your needs are prioritized throughout the process. We approach every case with care, compassion, and a relentless commitment to achieving the best outcome.

Every wrongful death case is unique, and we tailor our approach to meet the needs of your family. When you work with Maginnis Howard, you’ll find a team that handles your case with the respect and attention it deserves.

Contact the Trusted North Carolina Wrongful Death Lawyers at Maginnis Howard

Losing a loved one is one of the hardest experiences a family can face, and the pain is only amplified when that loss could have been prevented. At Maginnis Howard, we understand the gravity of your loss, and we’re here to provide the compassionate, skilled representation you need to seek justice.

If you believe negligence played a role in your loved one’s death, our experienced North Carolina wrongful death lawyers are ready to guide you through this difficult time with empathy and determination. The first step toward justice is just a phone call away.

Contact us today at (919) 526-0450 or through our online form for a free, no obligation consultation. Together, we’ll fight for accountability, compensation, and the closure your family deserves.