Losing a loved one is an incredibly difficult and devastating experience. When a death occurs due to someone else’s negligence or wrongdoing, it can feel even more overwhelming. If you have lost a family member or loved one and believe that their death was a result of another person’s actions, it is imperative to seek legal counsel. At Maginnis Howard, our team of trusted Raleigh wrongful death lawyers understands the pain and anger you may be feeling. We are committed to providing compassionate support and fighting tirelessly for justice on your behalf. If you need legal representation for a wrongful death case, don’t hesitate to contact Maginnis Howard today.
Table of Contents
Why Choose Maginnis Howard
Losing a loved one due to someone else’s negligence is an unimaginable tragedy. During this time of grief, the last thing you should have to worry about is navigating a complex legal process. At Maginnis Howard, our Raleigh wrongful death attorneys are here to help families seek justice, accountability, and financial recovery after a preventable loss.
We understand that no amount of compensation can ever replace your loved one—but pursuing a wrongful death claim can provide vital financial relief and a sense of closure. Our Raleigh personal injury lawyers have experience handling wrongful death cases involving car and truck accidents, workplace incidents, defective products, and other acts of negligence. We work diligently to investigate what happened, identify all responsible parties, and build a compelling case on your behalf.
The wrongful death laws in our state are detailed, with strict time limits and procedural requirements. Our Raleigh-based legal team knows how to navigate these laws with precision, ensuring your claim is filed properly and includes all available damages—such as funeral expenses, medical bills, lost future income, loss of companionship, and pain and suffering.
At Maginnis Howard, we combine compassionate client care with fierce legal advocacy. We treat every case with the attention it deserves and every client with the respect and empathy they need during such a difficult time. Our team works on a contingency fee basis, so you pay nothing upfront and no fees at all unless we win.
If you’ve lost a loved one due to negligence in Raleigh or surrounding areas, don’t face the legal process alone. Contact Maginnis Howard today for a free, confidential consultation, and let us pursue the justice your family deserves.
Our Raleigh office is conveniently located south of I-540 and northeast of Shelley Lake Park at:
7706 Six Forks Rd
Suite 101
Raleigh, NC 27615
What Is a Wrongful Death Claim?
A wrongful death claim allows the surviving family or estate to hold a negligent or at-fault party accountable for causing someone’s death. If the deceased individual would have been eligible to file a personal injury claim if they had lived, someone can likely file a wrongful death claim on their behalf.
Unlike criminal charges, wrongful death claims seek financial compensation rather than criminal penalties. These claims can arise from a wide range of incidents, including car accidents, defective products, and workplace accidents.
Who Can File a Wrongful Death Claim in Raleigh?
According to our state law, only the personal representative of the deceased’s estate can file a wrongful death claim. This is typically the executor named in the will, or if none, someone appointed by the court, often a surviving spouse, adult child, or parent. The claim is filed on behalf of the deceased person’s heirs and beneficiaries, such as the spouse, children, parents, and dependents.
Settlement proceeds are distributed according to our state’s intestate succession laws, even if a will exists. It’s important to consult a personal injury attorney from our firm to understand the specific details of your case and ensure your rights are protected.
How to Prove a Wrongful Death Claim
While no amount of legal action can undo the pain and grief, seeking justice through a wrongful death claim can provide some form of closure and financial compensation for the survivors. However, proving a wrongful death case can be a challenging process.
To successfully prove a wrongful death claim, you must demonstrate four essential elements: duty of care, breach of duty, causation, and damages. First, you must establish that the responsible party had a duty of care towards the deceased. For example, in a car accident case, all drivers have a duty to drive safely and obey traffic laws.
The next element is proving that the duty of care was breached. This requires showing that the responsible party failed to meet the expected standards of care, either through negligence or intentional actions. It might be a company’s failure to provide a safe working environment.
Causation is another critical aspect of proving wrongful death. You must demonstrate that the breach of duty directly caused the death. This can involve gathering evidence, consulting experts, and reconstructing the events leading to the fatal incident. Causation must be proven within a reasonable degree of certainty, considering all contributing factors.
Finally, you must establish the damages suffered as a result of the wrongful death. This includes both economic and non-economic damages. Economic damages involve quantifiable losses such as medical expenses, funeral costs, and loss of financial support. Non-economic damages encompass intangible losses like pain and suffering, loss of companionship, and emotional distress experienced by the surviving family members.
Proving wrongful death cases requires a comprehensive understanding of the legal system, knowledge of relevant laws, and experience in gathering and presenting evidence. This is where our Raleigh wrongful death attorneys come in. We can guide you through the intricate legal process, help collect the necessary evidence, engage experts when needed, and negotiate with insurance companies or opposing parties on your behalf.
A wrongful death claim can be emotionally and mentally draining, especially when you are grieving the loss of a loved one. Consulting with a knowledgeable Raleigh wrongful death lawyer at our firm can provide you with the support and guidance you need during this challenging time. They will work tirelessly to build a strong case, ensuring that your rights are protected and seeking justice for the untimely death of your loved one.
Compensation for Wrongful Death Claims in Raleigh
When filing a wrongful death claim, certain types of damages may be recovered. These include:
- Medical expenses related to the injury or illness that led to the death
- Funeral and burial costs
- Loss of the deceased’s income and financial support (including future earnings)
- Loss of services, protection, care, and assistance the deceased should have provided
- Loss of companionship, comfort, guidance, and consortium
- Pain and suffering endured by the deceased before death
- Punitive damages in cases involving willful or reckless conduct
Several factors are taken into consideration when determining wrongful death compensation. These factors include:
- The age and health of the deceased
- The deceased’s earning capacity and potential future income
- The degree of financial and emotional dependence of survivors
- The nature of the defendant’s conduct
- The skill of your attorney in presenting a compelling case
One of our reputable Raleigh wrongful death lawyers can fight for your rights and maximize your compensation.
Where Do Fatal Accidents Occur in Raleigh?
In Raleigh, fatal accidents often occur in specific areas, including major roadways and intersections, construction zones, pedestrian-heavy areas, workplaces, and private property.
- Major Roadways and Intersections: Fatal motor vehicle accidents in Raleigh often occur on I-40, I-440, Capital Boulevard, Glenwood Avenue, and New Bern Avenue due to high traffic volume and speed.
- Construction Zones: Ongoing road work on highways and local roads increases the risk of collisions and worker fatalities. Exercise caution when driving through these areas.
- Pedestrian-Heavy Areas: Fatal accidents involving pedestrians and cyclists occur near downtown Raleigh, NC State University, and Hillsborough Street. Both drivers and pedestrians should be vigilant and follow traffic rules to prevent accidents.
- Workplaces: Industrial areas like Research Triangle Park and commercial development zones in North Hills and Brier Creek may be prone to fatal construction and equipment-related accidents. Proper safety protocols should be in place to prevent such incidents.
Types of Accidents That Cause Fatal Injuries
Fatal injuries can arise from various types of accidents, including the following:
Motor Vehicle Accidents
Car, truck, motorcycle, and pedestrian accidents are among the most common causes of wrongful death. Factors like drunk driving, distracted driving, and speeding increase the risk of fatal accidents.
Workplace Accidents
Workers in industries like construction, manufacturing, and transportation face higher risks of fatal accidents. Falls, electrocution, equipment failures, and lack of proper safety protocols contribute to these incidents.
Defective Products
Malfunctioning vehicles, medical devices, appliances, or tools can cause fatal injuries. Manufacturers, designers, and distributors can be held accountable under product liability laws.
Slip and Fall Accidents
Falls in unsafe environments, such as poorly lit staircases or wet floors, can cause fatal injuries, particularly among the elderly. Property owners may be liable for failing to maintain safe premises.
If you have lost a loved one due to any of these incidents, consult with a Raleigh wrongful death lawyer from our firm to determine if you have a valid claim.
Fighting the Insurance Company in a Wrongful Death Claim
When filing a wrongful death claim, you may have to face the challenges posed by insurance companies. These companies often try to minimize payouts, even in wrongful death claims. They may dispute liability or fault, the cause of death, or the financial value of the deceased’s contributions.
It’s critical to have our skilled Raleigh wrongful death lawyers on your side to handle these challenges. They can investigate the incident, gather expert testimony, and calculate full damages. Skilled negotiation and litigation may be required to pursue the full value of your claim. Maginnis Howard can take over all communication with the insurance company and fight back against their unfair tactics, allowing you to focus on healing and grieving your loss.
What to Do If You Think You Have a Wrongful Death Claim
If you believe you have a wrongful death claim, here are some essential steps to take:
Preserve Evidence
Collect and protect any physical or photographic evidence related to the death. Save documentation such as medical records, coroner’s reports, and accident reports.
Report the Incident
Ensure that the incident is reported to the appropriate authorities. This includes contacting the police for vehicle crashes or violent acts, OSHA for workplace deaths, and the state Medical Board for suspected medical malpractice. Filing these reports early creates official records that support your claim.
Keep Detailed Records
Document funeral and burial expenses. Keep a journal of how the loss is affecting your daily life emotionally and financially. Save all communications with insurance companies, medical providers, and employers.
Consult a Raleigh Wrongful Death Attorney
Time is limited when filing a wrongful death claim. In North Carolina, the statute of limitations is two years from the date of death. Consulting with an attorney ensures you don’t miss deadlines or make costly legal mistakes. A trusted Raleigh wrongful death attorney from our firm will guide you through the process, protect your rights, and fight for justice on your behalf.
Contact the Compassionate Raleigh Wrongful Death Attorneys at Maginnis Howard Today
Losing a loved one is an emotionally painful experience, and you don’t have to go through it alone. At Maginnis Howard, we provide personalized, compassionate representation for families dealing with the sudden loss of a loved one. With extensive experience handling wrongful death cases involving vehicle accidents, workplace incidents, and more, our team is dedicated to supporting you during this difficult time.
We understand the financial and emotional burdens that come with a wrongful death, and we are here to seek the compensation and justice you deserve. Our Raleigh wrongful death attorneys will fight tirelessly on your behalf, advocating for your rights and holding the responsible parties accountable for their actions.
Contact Maginnis Howard today at (919) 526-0450 for a free consultation to discuss your case and understand your rights and options. We’re here to listen, support, and guide you through the legal process, helping you achieve the best possible outcome for your wrongful death claim. Don’t hesitate to reach out to us during this difficult time.
Maginnis Howard Personal Injury Lawyer – Raleigh Office
Address: 7706 Six Forks Rd Suite 101
Raleigh, NC 27615, United States
Phone: (919) 526-0450
