Wrongful Death

Experienced Wrongful Death Attorneys

Our lawyers handle tragic wrongful death cases and are often brought into a case by other attorneys to assist in the most complicated cases. These cases are heartbreaking and have a profound impact in all of us. However, we always seek to help and make sure we prevent these situations from ever occurring again. For example, we are presently helping procure legislative enactments after we handled the death of a young girl in an elevator accident.

Basically, "wrongful death" is a legal term used when someone causes the death of another person. A wrongful death can occur in many settings. We have handled wrongful death cases in automobile accidents, trucking accidents, motorcycle accidents, elevator accidents, product liability cases, fire accidents, pedestrian accidents and more. These deaths can also occur in workplace accidents, construction accidents and criminal actions all of which can result in a wrongful death claim. Wrongful death is a civil action rather than a criminal action. In North Carolina, Wrongful Death Actions are governed by the North Carolina Wrongful Death Statute. See, N.C. Gen. Stat. '28-18-2.

REGARDLESS OF THE CAUSE OF DEATH, IT IS IMPORTANT TO QUICKLY CONTACT A WRONGFUL DEATH ATTORNEY BECAUSE THE STAUTE OF LIMITATION ON WRONGFUL DEATH IS, AT MOST, 2 YEARS FROM THE DATE OF THE DEATH.

Since the person killed (decedent) cannot file suit or collect damages, it is the family or representatives of the estate that do so. The intent is to recompense family members who have suffered monetarily and emotionally from the death. N.C. Gen. Stat. '28-18-2 (b) set forth the type damages that can be sought as follows:

(b) Damages recoverable for death by wrongful act include:

1. Expenses for care, treatment and hospitalization incident to the injury resulting in death;
2. Compensation for pain and suffering of the decedent;
3. The reasonable funeral expenses of the decedent;
4. The present monetary value of the decedent to the persons entitled to receive the damages recovered, including but not limited to compensation for the loss of the reasonably expected;
   1. Net income of the decedent,
   2. Services, protection, care and assistance of the decedent, whether voluntary or obligatory, to the persons entitled to the damages recovered,
   3. Society, companionship, comfort, guidance, kindly offices and advice of the decedent to the persons entitled to the damages recovered;
5. Such punitive damages as the decedent could have recovered pursuant to Chapter 1D of the General Statutes had he survived, and punitive damages for wrongfully causing the death of the decedent through malice or willful or wanton conduct, as defined in G.S. 1D-5;
6. Nominal damages when the jury so finds.

The proceeds of the wrongful death case are distributed in accordance with the Wrongful Death Statute, which incorporates the North Carolina Intestate Succession Statute so the deceased will does not control. We often wrestle with this distribution process and explain everyone's rights and obligations.

A defendant can only be held responsible for a wrongful death if it can be proved that the defendant's conduct was the cause of the death. It must be proved that the death would not have occurred without the defendant's act. The time between the defendant's action and the death of the decedent is not a factor as long as it can be proved that the defendant's action was the direct and proximate cause of the death. This causation element has been a major issue in many of our wrongful death cases and the concepts of superseding and intervening negligence, control, and alteration of a product have consumed much of our time over the last few years.

The concepts behind a wrongful death case are varied and complex. We hire consulting and testifying experts and prosecute the cases to the best of ability, sparing no effort. If you have the unfortunate need for our services in a wrongful death case, please call Lea, Rhine & Rosbrugh, P.L.L.C. at 910-772-9960 or toll free at 1-866-772-9960 or submit an online questionnaire.

If we accept the case, then we will assign a team of lawyers, paralegals and experts to your case and begin work immediately. We will assist you in being appointed the personal representative of the estate and will proceed from there to investigate the claim fully and file suit if necessary. We have found that many family members desire to settle these cases because of the emotional distress they cause and we will always defer to our client's wishes. However, if a trial is necessary, and you decide to move forward, we will be prepared to try your case.

The initial consultation is free of charge, and if we agree to handle your case, we will work on a contingency fee basis, which means we get paid for our services only if there is a monetary recovery of funds. A lawsuit must be filed before applicable expiration dates, so please call right away to ensure that you do not waive your right to possible compensation.