Wrongful Death

Wrongful Death Attorney 
Serving Greensboro & Winston Salem, NC

Has your family experienced the unthinkable? Someone’s negligence or wrongdoing has caused the wrongful death of a loved one. Now, in spite of the overwhelming fog of grief and upheaval, you must make some difficult decisions and take some unfamiliar actions to care for your family. At Rizzi Law Group, we are here to help.

Whether your loved one’s tragic wrongful death was caused by an automobile crash, malfunction of a faulty product, a workplace accident or any other negligent act or deliberate omission, our attorneys have the knowledge and experience needed to address your case. With our broad legal experience, we know how to do the most thorough research and make the most thoughtful presentation that will win the fairest decision for your family.

sad mom & dad in front of grave

What Is Wrongful Death?

In North Carolina, a death is termed wrongful when it is caused by an illegal act or by the serious neglect or mistake of a person or organization. Our state’s Wrongful Death Act attempts to leave the beneficiaries of the deceased person in a financial position similar to what the family would have had if the tragedy had not happened.
 
A successful claim can accomplish several things:
  • It can provide financial security for the surviving family members to replace lost income from the deceased, which could save the family home and ensure the education, health and welfare of any children.
  • It can help bring emotional or psychological closure to the survivors’ loss.
  • It can punish a seriously negligent offender, change their behavior and establish new laws or regulations so that the tragedy won’t happen again.
How Do You Prove a Wrongful Death Claim?
Wrongful death is defined by legal statute and includes the basics of a negligence case, plus proof that the beneficiaries are entitled to compensation. The burden of proof is on the family or representative of the deceased.

Guilt in a wrongful death claim would stem from the defendant’s action or lack of action that was in violation of a legal duty or reasonable expectation. Examples could include reckless operation of a motor vehicle, negligent maintenance of property, slipshod design or manufacture of a product, or medical carelessness.

What Damages Can Be Recovered?

Damages that are recoverable in a wrongful death lawsuit are specified by NC law G.S. 28A-18-2. The statute is as follows:
28A-18-2. Death by wrongful act of another; recovery not assets.

(a) When the death of a person is caused by a wrongful act, neglect or default of another, such as would, if the injured person had lived, have entitled the injured person to an action for damages therefore, the person or corporation that would have been so liable, and the personal representatives or collectors of the person or corporation that would have been so liable, shall be liable to an action for damages, to be brought by the personal representative or collector of the decedent; and this notwithstanding the death, and although the wrongful act, neglect or default, causing the death, amounts in law to a felony. The personal representative or collector of the decedent who pursues an action under this section may pay from the assets of the estate the reasonable and necessary expenses, not including attorneys’ fees, incurred in pursuing the action. At the termination of the action, any amount recovered shall be applied first to the reimbursement of the estate for the expenses incurred in pursuing the action, then to the payment of attorneys’ fees, and shall then be distributed as provided in this section. The amount recovered in such action is not liable to be applied as assets, in the payment of debts or devises, except as to burial expenses of the deceased, and reasonable hospital and medical expenses not exceeding four thousand five hundred dollars ($4,500) incident to the injury resulting in death, except that the amount applied for hospital and medical expenses shall not exceed fifty percent (50%) of the amount of damages recovered after deducting attorneys’ fees, but shall be disposed of as provided in the Intestate Succession Act. The limitations on recovery for hospital and medical expenses under this subsection do not apply to subrogation rights exercised pursuant to G.S. 135-48.37. All claims filed for burial expenses of the decedent and reasonable hospital and medical expenses shall be subject to the approval of the clerk of the superior court and any party adversely affected by any decision of said clerk as to said claim may appeal to the superior court in term time.

(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;
a. Net income of the decedent,
b. Services, protection, care and assistance of the decedent, whether voluntary or obligatory, to the persons entitled to the damages recovered,
c. 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 the decedent 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.

(c) All evidence which reasonably tends to establish any of the elements of damages included in subsection (b), or otherwise reasonably tends to establish the present monetary value of the decedent to the persons entitled to receive the damages recovered, is admissible in an action for damages for death by wrongful act.

(d) In all actions brought under this section the dying declarations of the deceased shall be admissible as provided for in G.S. 8-51.1. (R.C., c. 1, s. 10; c. 46, ss. 8, 9; 1868-9, c. 113, ss. 70-72, 115; Code, ss. 1498-1500; Rev., ss. 59, 60; 1919, c. 29; C.S., ss. 160, 161; 1933, c. 113; 1951, c. 246, s. 1; 1959, c. 879, s. 9; c. 1136; 1969, c. 215; 1973, c. 464, s. 2; c. 1329, s. 3; 1981, c. 468; 1985, c. 625; 1993, c. 299, s. 1; 1995, c. 514, s. 2; 1997-456, s. 7; 2006-264, s. 66(b); 2011-284, s. 16; 2011-344, s. 4; 2013-91, s. 1(a).)

Statute of Limitations for Wrongful Death

The statute of limitations in North Carolina for a wrongful death claim is two years, which is measured from the date of the victim’s death. While there are some exceptions, they are atypical and infrequent.

At Rizzi Law Group, our wrongful death lawsuits are always handled on a contingency basis; that means we don’t get a fee until we win your case. You won’t have to worry about dipping into your family’s funds up front and you will receive a larger portion of the total financial compensation at settlement.

Our attorneys collectively offer a variety of experience with large law firms, which means that you get the benefit of a broad range of perspectives and approaches to your unique wrongful death case. And, since we are a small firm dedicated to personal services, your situation will receive the professional attention it deserves. We mean it when we say we are here to help you.

If you are in Winston-Salem, or the surrounding areas, call us for a free consultation to evaluate your wrongful death lawsuit.