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With over 20 years of experience, Nagle & Associates, P.A. are your trusted, aggressive personal injury attorneys serving the entire state of North Carolina.
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Wrongful Death Attorney in Raleigh, NC
As human beings, we all strive to live our lives on our own terms, seeking self-determination and control over our futures. The loss of a loved one due to someone else's negligence brings a painful mix of grief, anger, and frustration. It feels profoundly unfair that their time was cut short, leaving us not only to mourn but also to navigate the practical realities of life without them—bills to pay, expenses to manage, and a future to face alone.
In North Carolina, the law provides families the right to file a wrongful death claim when a loved one dies because of another's negligence. This legal option serves as a means to seek financial justice and find some emotional closure. An experienced wrongful death attorney in Raleigh, NC, can further assist you by guiding you through the process of organizing your loved one's estate, ensuring that your family is supported as you move forward in a world without them.
- Former Insurance Company Lawyer & Adjuster Working for
- Wrongful Death Attorney in Raleigh, NC
- What Does a Wrongful Death Lawsuit Mean in North Carolina?
- How Do Wrongful Death Lawyers in Raleigh, NC Help the Deceased's Family?
- Understanding the Process of Wrongful Death Cases in North Carolina
- How Wrongful Death Attorneys in Raleigh, NC, Fight for Compensation
- Surviving Children and Grandchildren of the Victim
- 3 Most Common Wrongful Death Cases in North Carolina
- Nagle & Associates: The Wrongful Death Lawyer in Raleigh, NC, You Can Trust
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What Does a Wrongful Death Lawsuit Mean in North Carolina?
A wrongful death lawsuit is a legal action taken when one person's death results from the negligence, legal wrongdoing, or criminal behavior of another party. Some of the most common forms of wrongful death in North Carolina include:
- Violent Acts
- Medical Malpractice
- Car Accidents
- Truck Accidents
- Motorcycle Accidents
- Uber/Lyft or Ridesharing Accidents
- Nursing Home Abuse
- Defective Products
To put it simply, the law aims to quantify the impact that the loss of a loved one has on your family, providing an opportunity for you to seek financial recovery from that loss. In North Carolina, the statute of limitations for filing a wrongful death claim is two years from the date of the person's passing. However, this timeframe may differ if the injury that ultimately led to their death occurred more than two years prior.
The claim must be initiated by the "personal representative" of the deceased, typically a spouse or close family member. Legally, this individual may be referred to as the Administrator of the estate if the person died without a Will, or as an Executor or Executrix if a Will exists. Regardless of the title, this representative is acting on behalf of the deceased individual.
While the legal process can be overwhelming, especially during such a difficult time, don't hesitate to reach out to an experienced wrongful death attorney. They can offer guidance, structure, and support as you navigate through your grief.
How Do Wrongful Death Lawyers in Raleigh, NC Help the Deceased's Family?
As experienced personal injury lawyers, we at Nagle & Associates have heard this question asked in many different terms over the years. In short, we can help in several ways, including:
With Mr. Nagle's background as an insurance claims adjuster and defense attorney, he's well aware of the tactics that insurers use to minimize or deny compensation for injured victims. Our firm only focuses on motor vehicle accident cases, provides the lowest legal fees in North Carolina, and is dedicated to assisting crash victims across the Tar Heel State.
- Look into the events surrounding your loved one's passing, collect relevant information, and assess how your family and livelihood have been affected.
- Assist with estate preparation of your loved one, if necessary.
- Draft and file your wrongful death claim.
- Meet with and negotiate with insurance companies involved and any other parties on your behalf.
- Plead your case in court, if needed.
Essentially, wrongful death lawyers in North Carolina stand up for your rights and the rights of your deceased loved one, allowing you the time and space to grieve without the burden of legal questions, dealing with insurers, or reliving painful memories in the aftermath. When you hire an attorney, you can start to find closure for yourself and your family as we take care of the heavy lifting on your behalf.
Understanding the Process of Wrongful Death Cases in North Carolina
A wrongful death claim is a specific type of personal injury case in which a family seeks compensation for the death of a loved one caused by someone else's negligence or misconduct. As mentioned above, in North Carolina, the statute of limitations gives families two years from the date of death to file such claims; after this period, they are typically unable to pursue compensation. The process entails several steps:
Opening an Estate: To open an estate, the estate representative must initiate the process. Even though the representative handles the case, any benefits gained will be distributed according to the Intestate Succession Act, which outlines how a deceased person's assets are allocated in the absence of a will.
Like other personal injury cases, wrongful death occurs due to the negligence or carelessness of another party. It's very important to work with a wrongful death lawyer to establish that your loved one's death directly resulted from someone else's actions or inactions.
Before signing any settlement documents or making formal statements, we recommend that you consult Nagle & Associates promptly. Here are the various individuals who are eligible to file wrongful death claims on behalf of a deceased individual in North Carolina:
- Immediate Members of Family and Next of Kin
- Life Partners
- Financial Dependents
- Putative Spouses
- Parents of Deceased Fetuses
- Distant Members of Family
- Individuals Who Will Suffer Financially
A comprehensive investigation is carried out to examine the details of the case, ensuring that all pertinent evidence is collected and protected, while financial experts assess the extent of the financial damages involved.
A civil court lawsuit is initiated, bringing to light all pertinent facts.
Fair settlements are often negotiated before trial.
During the trial, the family's lawyers present the facts, while the opposing attorney questions them.
The jury reaches a verdict based on the "preponderance of evidence." It is the responsibility of your attorney to demonstrate that it is "more likely than not" that the defendant in the case is responsible.
How Wrongful Death Attorneys in Raleigh, NC, Fight for Compensation
Wrongful death claims can be filed without the necessity of criminal charges against those responsible for the decedent's death. However, if the party at fault is found guilty in a criminal case, they may also face a separate civil lawsuit for wrongful death.
Through a wrongful death claim, the surviving family members can seek financial compensation for the emotional and financial hardships resulting from their loved one's passing. Such claims often stem from situations that would have given the deceased the right to pursue a personal injury claim had they lived.
Wrongful death lawsuits in North Carolina can provide compensation for losses in a number of ways, including:
- Medical costs you have to pay to treat the family member's last injury.
- Suffering and pain you have to endure before your loved one died.
- Burial and funeral costs.
- Loss of your family member's income and economic contribution to your family.
- Growth loss associated with the value of your family member's estate.
- Loss of services to your family's household.
- Loss of your family member's companionship, affection, advice, and society.
- Damages that the deceased individual could have claimed if they had survived, along with punitive damages for causing their death through malicious or reckless behavior.
In a North Carolina wrongful death lawsuit, plaintiffs can seek compensation for their losses as well as punitive damages. Unlike compensatory damages, which aim to reimburse for specific losses, punitive damages are designed to punish the responsible party for their reckless, intentional, or malicious actions. The goal of these damages is to discourage similar behavior in the future.
The personal representative of the deceased is charged with filing the wrongful death claim, but any financial recovery from the lawsuit benefits the deceased's heirs, such as their spouse, children, or parents.
I Want to Hire a Wrongful Death Attorney in Raleigh, NC. How are Funds Distributed After Winning a Claim?
North Carolina's wrongful death law specifies how compensation is allocated. When a wrongful death claim results in financial recovery, the initial funds go to the decedent's estate to cover the costs incurred in pursuing the claim. After that, attorney fees can be paid from the recovery.
The remaining funds are not considered part of the estate, with the exception of amounts designated for funeral and burial expenses, as well as reasonable final medical expenses. It's important to note that the estate's recovery of medical expenses is capped at $4,500, plus 50% of the total recovery after attorney fees are deducted.
Any leftover compensation is distributed according to North Carolina's Intestate Succession Act, which governs how assets are shared among a decedent's surviving spouse and family members. First in line for compensation are the spouse and children. If there is no surviving spouse, the award will be divided among the decedent's children.
In the absence of children, other eligible family members who may inherit include grandchildren, parents, siblings, grandparents, and aunts or uncles. The distribution amount for surviving family members will depend on the claims of other potential recipients.
Surviving Children and Grandchildren of the Victim
The surviving children of a deceased individual will be entitled to the remaining amount of the wrongful death settlement. If any child passed away prior to the deceased and has left behind descendants, those descendants will inherit that child's portion. In the absence of a surviving spouse, the children will receive the full award.
Surviving Siblings, Parents, Grandparents, and Other Relatives
If a person passes away without having any children, their surviving parents may receive the remaining portion of the award. In the absence of children and surviving parents, the decedent's siblings, along with the lineal descendants of any deceased siblings, will be entitled to the remaining balance.
Should there be no children, parents, or siblings left behind, wrongful death compensation will be divided between the paternal and maternal grandparents, with each receiving half. If both paternal grandparents have died, then the decedent's paternal aunts, uncles, and their lineal descendants will inherit that half. Similarly, if both maternal grandparents have also passed away, the maternal aunts, uncles, and their lineal descendants will share in that portion of the award.
3 Most Common Wrongful Death Cases in North Carolina
Losing a loved one is an incredibly painful experience, and it becomes even more distressing when the death results from someone else's negligence. In these tragic situations, seeking justice becomes your primary goal.
That's where we come in. At Nagle & Associates, our wrongful death attorneys in Raleigh, NC are here to support you. We are dedicated to helping you pursue justice and obtain the compensation you need to navigate the financial difficulties that often arise after such a loss. While no amount of financial support can truly replace what you've lost, it can provide much-needed stability as you move forward, especially if your loved one was the primary income earner and left behind dependent children.
Wondering whether you might need a lawyer for a wrongful death case? Here are a few of the most common types of cases to consider:
1. Car Wrecks
Car accidents rank among the most prevalent causes of fatal incidents that can lead to wrongful death claims. The National Safety Council reported that in 2018, there were approximately 40,000 traffic fatalities. Tragically, many of these accidents were due to the negligence of at least one driver, often resulting from behaviors such as speeding, distracted driving, tailgating, or driving under the influence.
If a loved one lost their life in a car accident as a result of such negligent actions, the at-fault driver may be held accountable. On the other hand, if the accident was caused by poor road conditions, liability may fall on the state for the resulting damages.
2. Product Defections
Companies in the United States must conduct thorough safety testing on their products before they hit the market. They are required to follow stringent quality and safety standards in accordance with industry regulations to ensure that the products are safe for consumers and free from defects. This is crucial, as defective products can pose serious dangers.
If a company releases a defective or unsafe product that results in injury or death, the company can be held responsible for the consequences. Defective items can include
- Contaminated Food
- Unsafe Packaging
- Faulty Medications
- Defective Auto Parts
- Kids Toys
- Appliances
- Medical Devices
- More
Regardless of the type of faulty product, the manufacturer may be liable for any fatalities linked to its use.
3. Accidents in the Workplace
In 2018, around 5,250 fatalities took place in American workplaces, reflecting a 2% rise from the 5,147 fatal injuries reported in 2017. Some of the leading causes of employee deaths include common workplace accidents such as:
- Getting struck by a heavy or large object
- Electrocution
- Getting wedged or caught between a structure, materials, or machinery
- Workplace violence
- Work transportation accidents
While high-risk jobs like manual labor and construction often result in more fatalities, workplace-related deaths can happen in any profession. Wrongful death can occur even in an office setting or during commutes to and from work.
For instance, if a truck driver is involved in a fatal accident while delivering goods due to defective tires or excessive working hours, the employer could be held responsible. Similarly, if an employee who has worked a 12-hour shift, including overtime, dies in a car accident on the way home due to fatigue, it may constitute a wrongful death claim.
Nagle & Associates: The Wrongful Death Lawyer in Raleigh, NC, You Can Trust
Nagle & Associates sets itself apart from other wrongful death law firms through our extensive experience. Carl Nagle, our founding attorney, is a former insurance adjuster with years of experience in Atlanta managing claims for car, motorcycle, and truck accidents. His firsthand knowledge of the tactics used by insurance companies to limit payouts gives him a unique edge in fighting for victims' rights.
After law school, Carl worked at an insurance defense firm, which deepened his understanding of strategies that insurers use to undermine compensation for victims. Committed to representing those affected by road accidents, he left the insurance sector to focus solely on helping clients facing wrongful death cases in North Carolina. Today, he is a sought-after attorney dedicated to advocating for families who have lost loved ones due to another person's negligence.
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Reduced Fee Structure for Wrongful Death Clients
At Nagle & Associates, our attorneys work on a contingency fee basis, which means we only receive payment once your case is settled or the trial concludes. Most cases are resolved without the need for lawsuits or court involvement, ensuring our goals align with yours and driving us to obtain the maximum value for your injury claims. Whether through settlement or trial, you'll find that our overall fee structure is more economical.
Unlike many personal injury law firms that typically charge about a third of the settlement (33.3%) and between 40-44% of any money recovered after a lawsuit is initiated, we take a different route. Our firm charges just 25% of the settlement and one-third (33.3%) of any amount collected after filing. We only pursue litigation when insurers refuse to provide fair compensation, understanding that legal action can often result in a more favorable financial outcome for our clients.
Here for You When You Need Us Most
Experiencing the loss of a loved one due to someone else's negligence is an incredibly painful and life-altering event that can lead to both emotional distress and financial challenges for your family. Our dedicated team of wrongful death attorneys in North Carolina is here to support you as you navigate this difficult journey and pursue the financial compensation you deserve.
If someone's recklessness has caused the passing of your loved one, they must be held accountable for their actions. Reach out to us today for a free consultation. We're committed to helping you through this tough time and ensuring you receive the compensation that your family needs.
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