Marcari, Russotto, Spencer & Balaban
Free Consultations: (888) 351-1038
Wrongful Death in North Carolina

Local Attorneys Manage Claims for Wrongful Death in North Carolina

Close personal attention and dependable representation for grieving families

The sudden death of a cherished family member is always an emotional blow. But the situation is so much worse when the death was entirely unnecessary. At Marcari, Russotto, Spencer & Balaban, we help grieving families put their lives back together, by holding wrongdoers accountable and securing financial compensation. If your loved one perished as the result of someone’s negligence, recklessness or deliberate actions, you can recover for your financial and personal losses. But most importantly, you can have justice.

Who can file a wrongful death action in North Carolina?

A wrongful death action is similar to a personal injury claim, in that both are civil actions which attempt to hold a negligent party liable for economic and noneconomic damages that resulted from a careless act. The liability laws are the same, as is the burden of proof (preponderance of the evidence). The statute of limitation for a wrongful death action is two years, rather than the three for personal injury.

Another difference is that, in North Carolina, you sue for the decedent’s losses as well as your own. Under North Carolina Statutes §28A-18-2, these include:

  • Expenses for care, treatment and hospitalization prior to death
  • Compensation for pain and suffering of the decedent
  • The reasonable funeral expenses of the decedent
  • The present monetary value of the decedent to the persons suing, such as:
    • Decedent’s net income
    • Decedent’s services, protection, care and assistance
    • Decedent’s society, companionship, comfort, guidance, kindly offices and advice
  • Punitive damages the decedent could have in a personal injury action
  • Punitive damages for wrongfully causing the decedent’s death if done through malice or willful or wanton conduct
  • Nominal damages the jury finds appropriate

A personal representative of the decedent’s estate files one action for the benefit of the estate and all parties who are eligible to collect damages. Potential beneficiaries are those who are entitled to inherit from the decedent under North Carolina’s laws of intestacy.

If you have questions starting with how to file a claim and how much it might cost, take advantage of a free consultation and case evaluation at one of our many local North Carolina offices.

Contact an experienced trial attorney for your wrongful death claim

Marcari, Russotto, Spencer & Balaban helps grieving families get justice for their lost loved ones. If you want an experienced and resourceful law firm that works diligently to hold wrongdoers accountable, you’ve come to the right website, and you’ll soon be speaking to the right attorney. To schedule a free consultation, call (888) 351-1038 or contact our office online.

What our clients say
Reviews
Reviews
  • google
    5.0/5.0

    My husband had a major motorcycle accident. He did survive, and worked hard to get back by doing Physical Therapy and being compliant with his medical regime. He had a attorney for 13months that did not communicate with him. My husband did everythin...

    Read more

    [email protected] simple20

  • google
    5.0/5.0

    No description provided

    Read more

    Kyle Hargrove

  • google
    5.0/5.0

    No description provided

    Read more

    Kyle Hargrove

  • google
    5.0/5.0

    I live in the Northeast. I had a complicated claim and because I already have a high rating, no one near me wanted to take my case. I contacted this firm and they gladly accepted my business. I worked closely with attorney Ryan Spencer and paralega...

    Read more

    Bradley Blatchley

  • google
    5.0/5.0

    This law firm helped me get the VA to classify my husband as 100% disabled from an injury he suffered while in the Navy which later gave rise to Parkinson's. They're very good.

    Read more

    Anita Dwyer

See all reviews
Get excellent legal representation at an office close to you.
  • This field is for validation purposes and should be left unchanged.
Call for free consultation

888-351-10338


Questions?

Our trained operators are ready to assist.

Start Chat
Offices serving the Carolinas, the Virginias & Florida

Available 24/7 — We’ll come to you

View all locations
back to top