Losing a family member due to another’s negligence is an emotionally devastating experience compounded by feelings of confusion, anger, and a desire for accountability. During this tremendously difficult time, it’s crucial for surviving loved ones in North Carolina to be aware of the strict statute of limitations that governs wrongful death claims.
North Carolina’s wrongful death statute of limitations generally allows claimants to file a lawsuit within two years of their loved one’s demise. This unforgiving time window can easily lapse amidst the trauma of losing a loved one and scrambling to make arrangements. Missed deadlines permanently foreclose a family’s ability to pursue wrongful death damages, no matter how reckless or clear-cut the negligence was that took their loved one’s life.
Navigating these complex statutes can be overwhelming while consumed by unimaginable grief. Retaining legal representation as soon as possible can help, though. A North Carolina wrongful death lawyer can ensure you meet all technical criteria while building a case for justice. The attorneys with DeMayo Law Offices offer compassionate, responsive care for families.
Pursuing Justice for Loved Ones: Understanding North Carolina’s Wrongful Death Statute of Limitations
Generally, under NC General Statutes § 1-53(4), families have only two years from the date of their loved one’s demise to officially file a wrongful death lawsuit in civil court.
While no amount of compensation can make up for an unbearable loss, holding those responsible legally accountable and recovering wrongful death damages can provide critical resources for families to begin rebuilding their lives.
Understanding the strict filing deadlines involved makes seeking qualified legal representation urgently important.
What Qualifies for a Wrongful Death Lawsuit?
A wrongful death claim arises when a person dies due to the negligent, reckless, or intentionally harmful actions of another individual or entity. In essence, it represents a scenario where reasonable care was not exercised, and fatal injuries resulted that were preventable. Common examples in North Carolina include:
- Motor vehicle accidents: Fatal car, truck, motorcycle, or pedestrian accidents frequently spark wrongful death cases when the at-fault driver was impaired by alcohol/drugs, distracted, speeding excessively, or engaged in other negligent behavior like running red lights/stop signs.
- Nursing home neglect/abuse: When nursing homes are understaffed or fail to properly care for residents’ basic needs like hydration, nutrition, sanitation, and safety – wrongful death litigation may follow if neglectful practices prematurely caused a resident’s demise.
- Workplace accidents: Workplace environments that become hazardous due to OSHA violations, faulty equipment, chemical exposures, inadequate safety protocols, or other employer negligence can prompt wrongful death claims if a worker suffers fatal injuries.
- Defective products: Manufacturers, distributors, or sellers can face wrongful death liability if defectively designed or constructed products like vehicles, machinery, medical devices, or consumer goods lead to preventable fatal incidents.
- Intentional acts: Intentional criminal violence or other deliberate attempts to injure another person resulting in death commonly give rise to wrongful death causes of action.
In North Carolina, wrongful death claims seek to compensate surviving family members when negligence, recklessness, or intentional wrongdoing prematurely robbed their loved one of their life.
No matter how the fatal incident occurred, if another party’s actions or inactions demonstrate a lack of reasonable care, the door may open for civil wrongful death litigation and damages.
What Is the Difference Between a Civil Case and a Criminal Case When it Comes to Wrongful Death?
When a wrongful death occurs due to negligent or intentional conduct, two separate case paths can unfold: a criminal prosecution and a civil wrongful death lawsuit. These parallel legal proceedings serve distinctly different purposes:
Criminal Cases
These are initiated by the state to punish the defendant if their actions violated criminal laws. The burden of proving guilt rests on prosecutors, requiring evidence establishing guilt “beyond a reasonable doubt.” Penalties like fines or incarceration aim to punish and deter future crimes.
Civil Wrongful Death Cases
These lawsuits are filed by surviving family members against the responsible parties. The burden of proof is lower—a “preponderance of evidence” must demonstrate the defendant’s negligence directly caused the death.
While criminal charges are separate, findings of guilt can strengthen a related civil case. Civil lawsuits seek monetary damages to compensate families for losses like medical expenses, lost income, pain/suffering, and funeral costs, not punishment.
Crucially, civil wrongful death cases have no bearing on criminal charges and vice versa—defendants can be found liable in one realm but not the other based on differing evidence standards. Wrongful death attorneys can pursue these lawsuits regardless of any criminal case outcome to recover financial damages for clients.
Recovering Rightful Compensation Through Wrongful Death Damages
While no amount of money can ever replace the profound loss of a loved one, wrongful death lawsuits provide a path for surviving family members to obtain financial compensation and accountability. When negligence robs a life prematurely, damages are sought to help provide support during unimaginably difficult times.
In North Carolina, wrongful death claims enable plaintiffs to pursue recovery for a wide range of economic and non-economic losses, including:
- End-of-life medical expenses
- Compensation for your loved one’s pain and suffering
- Loss of consortium
- Loss of income for the wages your loved one contributed to the household
- Funeral expenses
Typically, the representative of the deceased’s estate files a wrongful death lawsuit. The court can appoint a representative in the absence of a will.
The North Carolina Wrongful Death Attorneys From DeMayo Law Offices Are Here to Help
You deserve justice for the tragic loss you and your family endured. While no amount of compensation can replace a loved one, you do not deserve to struggle financially in their absence. The Charlotte personal injury lawyers from DeMayo Law Offices are here to help you through this difficult time.
Contact us today to learn more about how our attorneys can help you and your family. We can discuss your case during a free consultation, and we do not charge upfront fees.
