Have you suffered the wrongful death of a close family member in an accident in Durham, North Carolina? Don’t hesitate to call Riddle & Riddle Injury Lawyers at (919) 728-1770 for a free consultation. You deserve financial justice. Our experienced Durham wrongful death lawyers can help you fight for maximum compensation.
Riddle & Riddle Injury Lawyers is a fierce and loyal advocate for injury victims and families in Durham, NC. We’re top-rated trial attorneys with 190+ years of collective experience who’ve won more than $850 million in compensation for our clients (see disclaimer below). Contact our law office in Durham today for a free consultation.
Why Choose Riddle & Riddle Injury Lawyers for Help After a Fatal Accidents in Durham?
There’s no substitute for experience when you’re fighting for compensation in the wake of a loved one’s tragic death. That’s why families in Durham, NC, turn to Riddle & Riddle Injury Lawyers for help with their wrongful death claims.
Our Durham personal injury lawyers are trusted members of the local community and dedicated advocates for justice.
It’s why we’re recognized as:
- Best Lawyers of America
- Super Lawyers
- The National Trial Lawyers Top 40 Under 40
- The National Trial Lawyers Top 100
- AV Preeminent by Martindale-Hubbell
We appreciate that your wrongful death claim is about so much more than compensation – it’s an opportunity to tell your story, grieve your loved one, and help you move forward after a devastating loss.
We’re ready to do everything within our considerable power to help you make the most of it. There is no charge to discuss your wrongful death case with our North Carolina personal injury lawyers. Contact us today to schedule your free case review with a Durham wrongful death attorney.
What Is a Wrongful Death Lawsuit?
If you were to get hurt in an accident in Durham because someone else was careless, you’d have the right to seek compensation for your injuries. Under North Carolina law, the right to sue doesn’t disappear just because an accident is fatal. Instead, a preventable death can give rise to a wrongful death lawsuit.
A wrongful death lawsuit is a civil tort action filed in the wake of a death caused by “a wrongful act, neglect or default of another.” The lawsuit can be pursued as long as the decedent would have had the opportunity to sue for damages if they’d survived.
Wrongful death claims shift the ability to seek damages from the deceased to their personal representative. The personal representative is either the executor named in the decedent’s will or, if they die intestate, a party appointed by the court. Most often, the personal representative is a spouse, another close family member, or a trusted friend.
Who Can Benefit From a Wrongful Death Lawsuit in North Carolina?
Any damages that are awarded in a Durham wrongful death case are distributed pursuant to North Carolina intestacy laws. It all comes down to which family members survived the victim.
If the victim is:
- Survived by a spouse and no other family members, the spouse recovers the entire award.
- Survived by a spouse and one child, the spouse receives $60,000 and half of the remainder, while the rest goes to the surviving child.
- Survived by a spouse and two or more children, the spouse receives $60,000 and one-third of the remainder, while the rest is divided equally among the children.
- Survived by a spouse and at least one parent, but no children, the spouse receives $100,000 and half of the remainder, and the other half goes to the parent(s).
In situations where a victim is survived by no spouse, child, grandchild, or parent, wrongful death damages could be awarded to a sibling or potentially paid to the estate.
How Much Is My Wrongful Death Case Worth?
Several things will impact the monetary value of your Durham wrongful death claim.
- Did the decedent support you and your family financially?
- What was the decedent’s role in the household?
- How old was the decedent at the time of their death?
- What was their life expectancy before the fatal accident?
- How close were the decedent and their surviving family members?
The closer the family ties and the more the family relied on the decedent for financial support and other services, the more a wrongful death claim might be worth.
What Kinds of Damages Are Available in a Wrongful Death Lawsuit?
In North Carolina, the personal representative can pursue both economic damages and non-economic damages in a wrongful death lawsuit.
Compensation is often awarded for:
- The decedent’s lost wages, income, job benefits, and business interests
- The value of the household support and services the decedent provided
- Loss of companionship, guidance, comfort, and advice
- Loss of care, assistance, and protection
- Loss of consortium
- The decedent’s pain and suffering
- Medical bills incurred before the decedent passed away
- Funeral and burial/cremation expenses
North Carolina also permits punitive damages in certain situations. If a wrongful death lawsuit moves forward to trial, a jury can decide that a defendant’s actions were so reprehensible that punishment is warranted. Punitive damages can be awarded as long as there is clear and convincing evidence of malice or willful or wanton conduct.
Pursuant to state law, punitive damages are generally capped at $250,000 or three times the value of compensatory damages, whichever is greater.
How Could Shared Fault Affect a Wrongful Death Lawsuit in North Carolina?
It can prevent the family from recovering compensation through a wrongful death lawsuit.
North Carolina is a contributory negligence state. As a general rule, sharing any degree of responsibility for an accident creates a total bar to recovery.
For instance, if your spouse was killed in a fatal wreck in Durham, you could lose the right to demand compensation from another at-fault party if your spouse is assigned any degree of blame for the crash.
Expect the at-fault party and their insurance company to try to use this law to their advantage. They’ll point fingers and try to shift blame to your family member. Our North Carolina wrongful death attorneys in Durham will prepare for these tactics and determine the best way to fight back.
How Much Does It Cost to Hire a Wrongful Death Lawyer?
There’s no cost until we win your wrongful death case.
We proudly fight for families in Durham on a contingent basis. Our attorney fees are directly related to your case results.
When we win compensation for you, we recover a fee from that monetary award. While it varies, the standard attorney fee is between 30 and 40 percent.
If we don’t win your wrongful death claim, you’ll pay nothing.
How Long Do I Have to File a Lawsuit for Wrongful Death in North Carolina?
In North Carolina, the statute of limitations for wrongful death lawsuits is typically two years.
The statute of limitations begins to run on the date of a victim’s passing. This might not be the same date as the accident in which they suffered their fatal injuries.
If you allow too much time to pass by before filing a wrongful death claim, you’ll generally lose the ability to demand accountability from those responsible for your tragic loss.
We Fight for Clients in All Types of Wrongful Death Claims in Durham
Wrongful death claims can arise whenever a person’s death is the result of an act of negligence, an intentional act of criminal violence, or a defective product.
At Riddle & Riddle Injury Lawyers, we’re proud to fight for families in wrongful death cases involving:
- Car accidents
- Bicycle accidents
- Pedestrian accidents
- Motorcycle accidents
- Truck accidents
- Bus accidents
- Train accidents
- Boating accidents
- Aviation accidents
- Construction accidents
- Workplace accidents
- Medical malpractice
- Nursing home abuse
- Birth injuries
- Slip and fall accidents
- Dog bites
- Negligent security
- Assault
- Sexual assault
- Product liability
- Premises liability
Learn more about our extensive experience litigating wrongful death cases in North Carolina and discover how we can make a difference in your fight for compensation by calling our Durham law office. Members of our team are standing by to help 24 hours a day.
Contact Our Durham Wrongful Death Attorneys Today for a Free Consultation
You should not have to deal with the unexpected and gut-wrenching death of a family member on your own. Not when someone else is to blame. That’s why you need to call Riddle & Riddle Injury Lawyers.
Our Durham wrongful death lawyers are skilled and passionate legal advocates with over 190 years of collective experience handling high-stakes claims like yours. We’re ready to take on the person responsible for your loved one’s death and fight until they take accountability for your loss and suffering.
We offer a free consultation, so don’t hesitate to contact our legal team in Durham for help. We’re here to listen to your story, answer any questions you have, and explain how we can assist you during this difficult time in your life.
*NOTE: We respond to phone calls, emails, and online chats 24/7, however in-person appointments are available at our Durham location by appointment only. We also have investigators on staff who can come directly to you if that is more convenient.