Raleigh: Wrongful Death Lawyer
Our Fee is 25% of Settlement
Raleigh Wrongful Death Lawyer
Losing a family member in a crash is not something a website can address. What we can do is take the legal burden off your family while you grieve, and make sure the deadlines and requirements unique to North Carolina wrongful death claims are met. Nagle & Associates is North Carolina’s only law firm that handles exclusively motor vehicle accident cases. We turn away or refer out every other type of personal injury matter, concentrating all of our attention on roadway crash claims. Our Raleigh law office at 7780 Brier Creek Parkway represents families throughout Wake County and the Triangle.
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North Carolina’s Wrongful Death Act Has a Shorter Deadline
Most North Carolina personal injury claims carry a three year deadline. Fatal crash claims face a stricter, shorter one. Under the North Carolina Wrongful Death Act, a lawsuit must be filed within two years of the date of death. Before that suit can be filed, an estate must be opened for your loved one and an estate administrator appointed, which in Wake County means a filing of an estate application with the Estates Division with the Wake County Clerk of Superior Court. The process of opening an estate and having an administrator appointed by the Court takes time, and families who wait can find themselves against the deadline and unable to take action. Acting early is not about rushing to settle, it’s about preserving your right to bring the claim at all.
Who Can Bring the Claim and Who Receives the Money
A NC wrongful death claim is brought by the personal representative of the estate, not by family members individually. Also, all funds collected pass outside of probate, which means the money recovered is not paid according to the terms of any will. Instead, all funds are distributed to the family members who would inherit under North Carolina’s intestacy statutes, which typically means a surviving spouse and children, and in some cases surviving parents or siblings. During our first call, we walk families through this so there are no surprises about who receives what.
What a Wrongful Death Claim Can Recover
All damages that can be collected are defined by the NC Wrongful Death Act. This statute allows surviving heirs to collect money for medical expenses related to the decedent’s injuries and treatment, funeral and burial expenses, the pain and suffering your loved one endured before death, and the loss to the family of that person’s income, services, protection, care, and companionship. The income component is critically important when the decedent was a provider for the family. In some cases involving egregious conduct, punitive damages may also be available as part of the wrongful death case. Putting real numbers to these losses requires evidence, not a mere assertion, and building the most valuable evidence is our sole focus as soon as we are retained.
Three Decades of Results for North Carolina Families
Over the last 30 years, our firm has collected more than $850 million for North Carolina car, truck, motorcycle, and roadway crash victims. That includes fatal crash cases across the state, among them an $8.3 million recovery in a fatal crash case. See more of our results. The firm regularly resolves catastrophic-injury and large-loss cases, including a high number of multi million-dollar settlements, and Carl Nagle is a long-standing member of the Multi-Million Dollar Advocates Forum. Fatal crash claims are among the highest value cases in North Carolina law, and insurers defend them accordingly. Experience with cases at that level makes a big difference to the insurance carriers who defend them, and to the victims who seek maximum compensation for their losses.
Fatal Crashes in the Raleigh Area
Wake County’s fatal crashes concentrate on the high-speed corridors that surround and cross through the city: I-40, I-440, I-540, US 1, and US 64, along with Capital Blvd and other multi lane streets. Commercial truck traffic, impaired drivers, and high-speed impacts are recurring factors in the fatal cases we handle. If a commercial vehicle was involved, see our Raleigh truck accident page. If an impaired driver caused the crash, drunk driving claims can involve additional responsible parties, including a bar that over-served the driver or the person who gave the keys to a drunk driver.
What Hiring Our Firm Costs Your Family
Nothing up front. Our contingency fee is 25% of settlement, well below the 33.3% most personal injury firms charge, and we are paid only if and when we recover money for your family. See a full breakdown of our fees. If coming to our Brier Creek Pkwy office is not realistic right now, we will come to you.
Frequently Asked Questions
How long do we have to file a wrongful death claim in North Carolina?
Two years from the date of death, and an estate must be opened and an estate administrator appointed by the Clerk of Court before a wrongful death suit can be filed. This is shorter than the three-year deadline that applies to NC personal injury claims, so it is important to speak with an attorney early.
Do we have to open an estate before anything can happen?
An estate must be opened before a lawsuit is filed. We guide families through that process, including the Wake County filings, so it is not one more thing you have to figure out alone.
What if our family member was partly at fault for the crash?
North Carolina’s contributory negligence rule can bar recovery entirely if the person who died was even 1% at fault. Insurers know this and will look hard for any basis to argue it. This is one of the strongest reasons to have counsel investigating the crash rather than relying on the initial police report alone.
Will we have to go to court?
Most cases resolve through private settlement, with no lawsuit filings and no court involvement. When an adjuster refuses to pay a fair settlement, we are prepared to try the case in Wake County, or any county in NC. We also explain where your case stands at every stage so the family is never guessing.
Is this the same as a survival claim?
Not in North Carolina. In most states the pain and suffering endured before death is a separate survival claim brought by the estate. North Carolina includes it in the wrongful death claim itself, so one action covers both. The practical difference is where the money goes: wrongful death proceeds pass to the family under the intestacy statutes rather than becoming general estate assets, which puts them largely out of reach of the estate’s creditors. Our general page on North Carolina wrongful death covers this in more detail.
Free Consultation, No Fee Unless We Collect
Call (800) 411-1583 or contact our Raleigh office today for a free consultation. We are here to provide answers and guidance now. If you need our help, we can start now with no up-front costs. There is no legal fee unless and until we collect for your family.
