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North Carolina Wrongful Death Lawyer

Losing a loved one due to a wrongful death is an unimaginable tragedy that no one should ever have to endure. The pain and grief can be overwhelming, and it may feel like justice can never be served. Know there are options for families in your position to gain some greater closure and financial support by holding liable parties accountable, and you don’t have to face this difficult journey alone.

At Maginnis Howard, we understand the anguish you are going through, and we are here to offer our compassionate support and legal guidance. Our experienced team of North Carolina wrongful death lawyers will fight tirelessly to seek justice for your loved one and hold the responsible party accountable. contact Maginnis Howard today, and let us handle this challenging process.

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Why Choose Maginnis Howard

Losing a loved one due to someone else’s negligence is one of the most painful experiences a family can endure. At Maginnis Howard, we don’t just see wrongful death cases as legal matters—we see them as deeply personal tragedies that deserve care, attention, and justice. Our team is committed to helping grieving families across North Carolina find accountability, financial relief, and a path forward.

Our North Carolina personal injury attorneys bring years of experience successfully dealing with the complexities of wrongful death claims, including cases stemming from motor vehicle accidents, defective products, and workplace incidents. We understand North Carolina’s wrongful death laws, including who may file a claim and what compensation may be available. From loss of income and medical bills to emotional suffering and funeral expenses, we fight to make sure every aspect of your loss is recognized.

We pride ourselves on being thorough, strategic, and compassionate advocates. Our approach includes in-depth investigations, collaboration with expert witnesses, and a tireless commitment to achieving full and fair compensation for our clients. Whether through settlement negotiations or trial, we stand with families every step of the way.

At Maginnis Howard, you are not just another case—you are part of our mission to pursue justice for those who no longer have a voice. Contact us today for a free, confidential consultation, and let our team provide the support and advocacy your family deserves.

Our office is conveniently located south of I-540 and northeast of Shelley Lake Park at:

7706 Six Forks Rd
Suite 101
Raleigh, NC 27615

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What is a Wrongful Death Claim?

A wrongful death claim is a legal action that can be filed when the negligence or misconduct of another individual, entity, or organization has caused a person’s death. If the deceased individual could have filed a personal injury claim if they had lived, a family member or personal representative can file a wrongful death claim on their behalf.

In North Carolina, the North Carolina General Statutes allow the estate of the deceased person to file a wrongful death claim. The claim seeks compensation for the damages suffered as a result of the wrongful death, including economic and non-economic losses.

Who Can File a Wrongful Death Claim in North Carolina?

In North Carolina, only certain individuals are eligible to file a wrongful death claim on behalf of the deceased person’s estate. According to the North Carolina General Statutes, the following individuals have the right to bring a wrongful death claim:

  • Spouse: The surviving spouse of the deceased person has the first right to file a wrongful death claim.
  • Children: If there is no surviving spouse, the surviving children of the deceased person can file the claim.
  • Parents: If there is no surviving spouse or children, the parents of the deceased person can bring the claim.
  • Personal Representative: If there are no surviving spouse, children, or parents, the personal representative of the deceased person’s estate can file the claim.
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Compensation for Wrongful Death Claims in North Carolina

When a wrongful death occurs, the surviving family members may be entitled to compensation for the damages they have suffered. The compensation in a wrongful death claim can include both economic and non-economic damages. The amount of compensation awarded in a wrongful death claim depends on various factors, including:

 

  • Medical Expenses: The cost of medical treatment and care received by the deceased person before their death.
  • Funeral and Burial Expenses: The expenses associated with the funeral and burial of the deceased person.
  • Loss of Income: The income that the deceased person should have earned had they survived, including future earnings.
  • Loss of Consortium: The loss of companionship, love, affection, and support that the surviving family members have experienced as a result of the wrongful death.
  • Pain and Suffering: The physical and emotional pain and suffering endured by the deceased person before their death.
  • Punitive Damages: In some cases, the court may award punitive damages to punish the responsible party for their negligent or intentional actions.

 

Unlike some states, North Carolina does not cap the amount of damages that can be awarded in a wrongful death claim. The compensation awarded is determined based on the specific circumstances of the case and the losses suffered by the surviving family members.

Where Do Fatal Accidents Occur in North Carolina?

Fatal accidents can happen anywhere, but certain locations and situations have a higher risk of causing fatal injuries in North Carolina. Understanding these common locations can help raise awareness and promote safety. Some of the areas where fatal accidents frequently occur in North Carolina include:

Highways and Interstates

North Carolina’s busiest highways, including Interstate 40 (I-40), Interstate 85 (I-85), Interstate 95 (I-95), and Interstate 77 (I-77), are frequent sites of fatal accidents. These high-speed corridors, especially near urban hubs like Raleigh, Charlotte, Greensboro, Durham, and Winston-Salem, see a high volume of crashes related to speeding, distracted driving, and impaired driving.

Urban Areas

Major cities experience a significant number of fatal accidents in busy intersections and densely populated areas. Roads like U.S. 70 in Durham, Independence Boulevard in Charlotte, and Capital Boulevard in Raleigh are known for heavy traffic and a high incidence of serious accidents, especially involving pedestrians and cyclists.

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Rural Roads

Despite lower traffic volume, fatal accidents are common on rural roads in counties like Robeson, Johnston, Cleveland, and Sampson. Winding roads, lack of lighting, limited shoulder space, and slower emergency response times contribute to more severe crash outcomes. Roads like NC-87, US-421, and NC-24 are particularly hazardous.

Construction Zones

High-risk construction areas can be found along I-40 near Wilmington, I-95 in Wilson and Nash counties, and stretches of I-77 near Charlotte. These zones often feature reduced lanes, unclear signage, and abrupt speed changes—all of which increase the likelihood of fatal work zone crashes.

Construction Zones

Fatalities also occur in non-traffic settings, such as construction sites in rapidly growing areas like Cary and Wake Forest, manufacturing plants in High Point, and distribution warehouses in Greensboro and Charlotte. Accidents often stem from equipment failures, lack of proper safety training, or violations of workplace safety regulations.

No matter where or how your loved one lost their life, our seasoned North Carolina wrongful death attorneys can fight for justice on their behalf.

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Types of Accidents that Cause Fatal Injuries

Various types of accidents can result in fatal injuries. Understanding these types of accidents can help individuals recognize potential risks and take preventive measures to avoid them. Some common types of accidents that cause fatal injuries in North Carolina include:

  • Car Accidents: Car accidents, including collisions between vehicles or pedestrians, are a leading cause of fatal injuries in North Carolina. Factors such as distracted driving, drunk driving, and speeding contribute to the severity of car accidents.
  • Truck Accidents: Accidents involving large commercial trucks can be catastrophic due to the size and weight of the vehicles. Factors such as driver fatigue, overloaded trucks, and improper maintenance can contribute to fatal truck accidents.
  • Motorcycle Accidents: Motorcycles offer little protection to riders in the event of an accident. Collisions with other vehicles, hazardous road conditions, and impaired or distracted drivers can lead to fatal motorcycle accidents.
  • Pedestrian Accidents: Pedestrians are vulnerable to accidents due to their lack of protection. Negligent drivers, poor visibility, and failure to yield are common factors in pedestrian accidents resulting in fatalities.
  • Bicycle Accidents: Like pedestrians, cyclists are also at risk of fatal accidents due to their vulnerability and lack of protection. Collisions with vehicles, unsafe road conditions, and driver negligence contribute to fatal bicycle accidents.
  • Workplace Accidents: Fatal accidents can occur in various work environments, including construction sites, factories, and warehouses. Falls, equipment malfunctions, and exposure to hazardous substances can lead to fatal injuries.

Fighting the Insurance Company in a Wrongful Death Claim

When pursuing a wrongful death claim, it is important to be prepared for potential resistance from the insurance company involved. Insurance companies are known for their tactics to minimize payouts or deny claims altogether. However, with the help of a knowledgeable North Carolina wrongful death lawyer from our firm, you can effectively fight against the insurance company and maximize your chances of obtaining fair compensation.

Our North Carolina wrongful death attorneys will:

  • Investigate the Case: Your attorney will thoroughly investigate the circumstances surrounding the wrongful death, gather evidence, and build a strong case to support your claim.
  • Negotiate with the Insurance Company: Your attorney will handle all communication with the insurance company on your behalf. They will negotiate for a fair settlement that adequately compensates you for your losses.
  • Litigate if Necessary: If a fair settlement cannot be reached through negotiation, your attorney will be prepared to take your case to court and present a compelling argument to the judge and jury.
  • Protect Your Rights: Throughout the legal process, your attorney will ensure that your rights are protected and that you are not taken advantage of by the insurance company.

What to Do If You Think You Have a Wrongful Death Claim

If you believe that you may have a wrongful death claim, you will need to take certain steps to protect your rights and strengthen your case. Here are some important actions to consider:

Report the Incident

If it hasn’t already been done, you should report the incident to the appropriate authorities, such as law enforcement or regulatory agencies. This documentation will help establish an official record of the incident and support your claim.

Keep Detailed Records

Keep detailed records of all expenses related to the wrongful death, including medical bills, funeral costs, loss of income, and any other financial losses suffered. Maintaining accurate and organized records will strengthen your case and help ensure that you receive the compensation you deserve.

Don’t Speak to Insurance Adjusters

The insurance adjuster from the liable party’s insurance carrier may reach out to you and inquire about the accident or your loved one’s death. While they may seem caring or like they mean well, it’s in your best interest not to engage with them. Instead, direct them to speak with your North Carolina wrongful death attorney. They may twist your words or attempt to get you to say something that can be detrimental to the claim. Therefore, it’s best to let your lawyer handle all communications with anyone from the insurance company. Beware that they may also try to offer you a quick settlement offer—don’t be fooled by this tactic, so contact our attorney instead.

Consult a Skilled North Carolina Wrongful Death Attorney

Consulting with a skilled North Carolina wrongful death attorney from our firm is imperative in navigating the legal process and maximizing your chances of success. An attorney will provide you with the necessary guidance, support, and advocacy to obtain the justice and compensation you and your loved ones deserve.

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The Compassionate North Carolina Wrongful Death Lawyers at Maginnis Howard are Here For You

If you have lost a loved one due to a wrongful death, the North Carolina wrongful death lawyers at Maginnis Howard are here to offer their compassionate support and legal guidance. Our team understands the immense pain and grief you are experiencing, and we are dedicated to seeking justice for your loved one and holding the responsible party accountable. Contact us today at (919) 526-0450 for a free consultation, and let us help you through this challenging process.

Maginnis Howard Personal Injury Lawyer – Raleigh Office

Address: 7706 Six Forks Rd Suite 101
Raleigh, NC 27615, United States
Phone: (919) 526-0450

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