Wrongful Death

The Basics

Wrongful Death Claims

If you have lost a loved one because of someone else’s negligence, we understand how difficult and overwhelming this time can be for you and your family. At Paynter Law, we help grieving families by taking care of the legal side of things so our clients can focus on themselves and their families.

Although pursuing a wrongful death claim against the at-fault party may be the last thing on your mind, insurance companies will not wait to begin investigating the claim and building their case. At Paynter Law, we get to work immediately for our clients to:

• Answer questions and provide information
• Stop the calls from the insurance companies
• Identify sources of compensation
• Preserve evidence
• And more

What is a wrongful death claim?

In North Carolina, a wrongful death claim may arise when a person’s death is caused by the negligent act of another person. Wrongful death claims may arise as a result of auto accidents, tractor-trailer accidents, nursing home abuse, motorcycle accidents, bicycle accidents, pedestrian-auto accidents, and more.

What are wrongful death damages?

Every wrongful death case is unique, but the damages in wrongful death claims often include both economic and non-economic damages. Examples of economic damages include medical bills, medication expenses, funeral expenses, and more. Non-economic damages include things such as pain and suffering and loss of companionship, among others.

Are wrongful death claims different from personal injury claims?

North Carolina wrongful death claims are different from other personal injury claims in many ways including:

• WILLS: If there is a will and an executor is named in the will, then the executor is the person who will bring the wrongful death claim; if there is not a will, it will be up to the Clerk of Court in the county where the deceased resided to appoint an estate administrator who will then have the authority to bring the claim.

• STATUTE OF LIMITATIONS: While most injury claims in North Carolina have a three-year statute of limitations, wrongful death cases in North Carolina have a two-year statute of limitations, which means you have a lot less time to make the claim.

• DAMAGES: Wrongful death claims take into account not only economic damages (such as medical and funeral expenses) and pain and suffering, but also what the deceased meant to his or her family members, both finally and emotionally.

• WRONGFUL DEATH STATUTE: There is a statute that specifically addresses wrongful death, so familiarity with the statute is important.

Do I Need an Attorney?

Because wrongful death claims are so different from other personal injury claims, it is important to work with an attorney who is experienced in handling wrongful death claims and is familiar with the wrongful death statute. At Paynter Law, we have the knowledge and skills needed to navigate the complexities of your wrongful death case with care and compassion. We provide a free consultation, and we work on a contingency fee basis, so you don’t owe us costs or attorney fees until we win your case.

You don’t have to do this alone. Contact us today to schedule your free consultation.