Protecting the Rights of Injured Clients
Raleigh Wrongful Death Attorneys
A Legal Team Your Family Can Trust
When someone passes away due to the negligent or wrongful conduct of another, their surviving loved ones can seek justice against the liable party. Under North Carolina’s wrongful death statute, eligible family members can recover for certain losses associated with their loved one’s passing.
At Hyland + Padilla, PLLC, we know that no amount of financial recovery can ever make up for the traumatic loss of someone you love. However, a fair settlement or jury verdict can provide a much-needed sense of justice, as well as the financial resources your family needs to heal. We encourage you to reach out to our team today to learn how our experienced and empathetic team can help you with your case.
For a free, no-obligation consultation with one of our Raleigh wrongful death lawyers, call (919) 891-8361 or contact us online. Se habla español.
Filing a Wrongful Death Claim in North Carolina
If you are considering filing a wrongful death claim in North Carolina, there are several important things you need to know about the process and how to protect your rights as a bereaved party.
First, you should know what constitutes wrongful death under the state’s wrongful death laws. In North Carolina, a person’s death is considered “wrongful” when it results from “a wrongful act, neglect, or default of another” individual or entity. In most cases, if the person who passed away (known as the “decedent” in these cases) would have had grounds for a personal injury claim had they lived, their death is considered “wrongful.”
Some of the most common causes of wrongful death include:
- Car, truck, motorcycle, and other motor vehicle accidents
- Pedestrian and bicycle accidents
- Serious falls, including slip and fall accidents and falls from heights
- Sports- and recreation-related accidents
- Violent acts, such as assault
If your loved one died due to the negligent, reckless, or wrongful conduct of another, reach out to Hyland + Padilla, PLLC as soon as possible to learn how we can help you fight for the justice you deserve.
Who Can File a Wrongful Death Lawsuit?
In North Carolina, only the personal representative of the decedent’s estate may file a wrongful death lawsuit. However, they do so on behalf of the estate, as well as certain surviving family members.
Those eligible to recover damages in a North Carolina wrongful death lawsuit include the decedent’s surviving:
The personal representative is someone named by the decedent in their will to carry out the administration of their estate after their passing. If no such person exists, or if the decedent did not have a will, the court will appoint a personal representative to serve in this capacity.
Wrongful Death Damages
A wrongful death lawsuit has two essential purposes: first, it allows you to seek justice on behalf of your loved one by holding the liable party accountable; second, it grants you the ability to recover financial compensation for “damages,” or losses you have endured as a result of your loved one’s death. The exact types of damages you can recover, as well as the overall value of your claim, depends on numerous factors. However, many people are able to recover similar damages in North Carolina wrongful death lawsuits.
Examples of wrongful death damages include:
- Funeral/burial expenses
- Medical expenses
- Loss of income/financial support
- Loss of services
- The decedent’s pain and suffering
- Loss of protection, care, comfort, guidance, assistance, advice, companionship, and society
- Punitive damages
At Hyland + Padilla, PLLC, we seek maximum compensation for our clients and strive to ensure the at-fault party is held fully responsible for the devastating loss you and your family have endured. We can help you understand what to expect from the process during a free and confidential consultation.
What Is the Statute of Limitations on Wrongful Death Cases?
In North Carolina, wrongful death lawsuits are subject to a two-year statute of limitations. This means that you have just two years from the date of death (in most cases) to file your claim in court. If you wait too long, the other party will likely file a motion to dismiss, and the court will almost certainly throw out your case.
Though we know that taking legal action after the death of a loved one can feel overwhelming, we urge you to act quickly. The sooner you reach out to our Raleigh wrongful death lawyers, the sooner they can begin investigating your case, gathering evidence, and advocating for you and your family.
How Our Team Can Help with Your Wrongful Death Claim
At Hyland + Padilla, PLLC, we are ready to help you navigate this difficult time with compassion, empathy, and continued support. You shouldn’t have to face the legal process alone; with our team by your side, you can focus on spending time with your loved ones while we handle all the legal details.
We offer free consultations and contingency fees. This means that you do not pay anything out of pocket when you hire our firm. Instead, we only collect attorney fees if/when we recover compensation for you. Once we’ve collected a settlement or verdict on your behalf, we then take a percentage of that award to cover our legal costs.
Schedule your complimentary consultation today by calling (919) 891-8361 or by contacting us online.
experienced legal help from hyland + padilla, PLLC since 1999
Over $40,000,000 Recovered We have won over 40 million dollars for our clients since 2012 and counting.
Over 7000 Cases Handled We have represented thousands of personal injury clients since 1999.
“I came to Hyland and Padilla after an automobile accident. Mr. Padilla worked very hard on my case. His primary concern is for the well being of his clients. He was caring, professional, honest and patient. His staff was always helpful and pleasant as well” - Toni B.
“Very happy and great full with the results. Thank you for helping the Hispanic community very happy with the results blessings. Andrea and Stefani did A great job.” - Jazmin A.
“Mr Padilla is extremely helpful with your personal injury. His staff is great. I wouldn't go anywhere else. I have worked with Mr Padilla several times over the years. He is a wonderful caring attorney. He will go all out to make his client happy.” - Carolyn H.