Let Henson Fuerst Help Your Family Rebuild After a Wrongful Death
The sudden loss of a loved one is an unimaginable tragedy that can leave you feeling overwhelmed and devastated. The pain of losing a spouse, child, or parent is magnified when the death results from someone else’s negligence. In the midst of this profound sorrow, families often face financial strain, dealing with medical bills, funeral expenses, and the uncertainty of the future instead of focusing on healing.
No family should be left alone to navigate the aftermath of another person’s carelessness. At Henson Fuerst, our attorneys bring decades of experience helping families like yours secure the justice they deserve. While a legal claim can never undo the heartache, it can provide the resources needed to rebuild your life after a tragic loss. Our wrongful death lawyers will tirelessly fight for justice on your behalf. Reach out to us today for a free consultation by calling (919) 781-1107 or submitting a case evaluation online.
Type of Compensation Available in Wrongful Death Cases
The loss of a loved one is a heart-wrenching and life-altering event. Beyond the overwhelming grief, families often face significant financial burdens that can feel impossible to bear. North Carolina law allows for several types of damages in wrongful death cases, depending on the specifics of the case, to help compensate for both the emotional and financial toll that such a tragic event brings. These damages are designed to address both tangible and intangible losses suffered by the surviving family members.
- Economic Damages. Economic damages are intended to compensate the family for the measurable financial losses caused by the wrongful death. These damages can cover a variety of expenses, including:
- Medical Bills: If your loved one received medical treatment before their death due to the accident or incident caused by another party’s negligence, the family may be entitled to compensation for medical expenses incurred during that time.
- Lost Income: If the deceased was the family's primary or significant wage earner, you may be entitled to compensation for past and future lost wages. This includes earnings the deceased would have made had their life not been cut short.
- Funeral and Burial Expenses: Funeral services, burial, cremation, and related expenses can be overwhelming. Economic damages can help cover these costs, providing financial relief to the family during a difficult time.
- Other Financial Losses: This could include loss of benefits, pension funds, or any other financial resources the deceased would have provided had they survived.
- Punitive Damages. Punitive damages are intended to punish the party responsible for the wrongful death and to deter others from engaging in similarly reckless or grossly negligent behavior. Unlike compensatory damages (which aim to reimburse the victim’s family for their losses), punitive damages are awarded in cases where the defendant’s actions were particularly egregious, reckless, or malicious. For example, if the at-fault party was driving under the influence, engaging in highly dangerous behavior, or grossly disregarding the safety of others, punitive damages may be awarded. While they are not guaranteed in every wrongful death case, they serve as an important tool for holding negligent parties accountable for their actions.
- Non-Economic Damages. Non-economic damages are designed to compensate for intangible losses that cannot be measured in terms of money but have a profound impact on the family’s emotional and psychological well-being. These include:
- Pain and Suffering of the Deceased: If the deceased endured physical pain, emotional distress, or suffering before their death, their family may be able to recover compensation for these damages. This often applies in cases where the deceased experienced significant pain or distress as a result of the incident that led to their death.
- Loss of Companionship: The death of a loved one can result in the loss of companionship, guidance, affection, and love. Non-economic damages can compensate surviving family members for the emotional pain and void left by the loss of their relationship with the decedent.
- Emotional Suffering of the Family: The emotional toll of losing a loved one can be profound, especially when the death was sudden, unexpected, or caused by someone’s negligence. Family members may be entitled to compensation for their grief, anguish, and emotional suffering as a result of the loss.
The Importance of Understanding Damages
Each wrongful death case is unique, and the damages you are entitled to will depend on the specific circumstances surrounding your loved one’s death. The types of damages available in a wrongful death claim are designed to help the surviving family members rebuild their lives and compensate for both the tangible financial losses and the deep emotional pain caused by the tragedy.
It’s essential to work with an experienced wrongful death attorney in North Carolina who can assess the full scope of your family’s loss and help you pursue compensation. A lawyer will guide you through the legal process and ensure that you are fighting for all available damages, whether economic, punitive, or non-economic, to help your family achieve a sense of justice and closure.
Our Wrongful Death Lawyers Are Committed to Fighting for Justice on Behalf of Your Loved One
When tragedy strikes, you need more than just a lawyer—you need an advocate who will stand by your side, offer compassionate guidance, and fiercely protect your rights throughout the legal process. At Henson Fuerst, we are fully committed to supporting you during this incredibly difficult time so you don’t have to navigate the complexities of a wrongful death claim alone.
Our firm has represented victims of wrongful death and their families since 1976. We have the experience and knowledge to handle the complex nature of these cases. From gathering evidence and building a strong case on your loved one's behalf, to proving fault and holding negligent parties accountable, our firm will be your advocate throughout the entire process. This allows you and your family the time and space to mourn and begin the healing process without the burden of handling complex legal matters alone. We are here to handle the complex work so you can focus on what truly matters—honoring and remembering your loved one.
We know that coping with the loss of someone important is painful enough without the added stress of dealing with insurance companies and their attempts to minimize compensation. We are not intimidated by insurers' tactics of offering low settlement amounts and pressuring families to settle quickly. Instead, we make it our mission to fight for what you truly deserve, ensuring you don’t accept anything less than fair compensation.
Hearing the stories of good people suffering such profound losses is the most challenging part of our work. These stories leave a lasting impact on us, and we remain deeply committed to offering the support and advocacy your family needs. We understand that no amount of money can ever replace what has been lost. Still, through our dedicated efforts, we will work to secure the justice and compensation your family deserves, helping you move forward with some sense of closure.
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Who is Eligible to File a Wrongful Death Claim in North Carolina?
Understanding who has the legal right to file a wrongful death claim in North Carolina is a crucial part of the process. The law specifies individuals eligible to pursue a claim on behalf of a deceased loved one. If you are grieving the loss of someone due to another’s negligence, it’s essential to know whether you qualify to seek compensation for the damages your family has suffered.
In North Carolina, the following individuals are typically eligible to file a wrongful death claim:
- Immediate Family Members: The decedent’s spouse, parents, and children. These are the primary individuals who have the right to file a claim. If you are a surviving spouse, child, or parent of the deceased, you may be entitled to seek damages related to the loss of companionship, support, and financial contributions the deceased provided.
- Legal Dependents of the Deceased: If the decedent provided financial support or care to someone legally dependent, that dependent may also be eligible to file a claim. This could include individuals relying on the deceased for living expenses, medical care, or other essential needs.
- Personal Representative of the Estate: In some cases, a personal representative (often named in the deceased's will or appointed by the court) can file a wrongful death claim on behalf of the deceased's estate. This representative is responsible for managing the decedent's estate and pursuing legal actions, including wrongful death claims, to recover damages for the decedent's loss.
However, North Carolina law specifically excludes certain individuals from filing a wrongful death claim, even if they were close to the decedent. If you are the decedent’s fiancé, stepchild, foster child, or unmarried partner, you are not eligible to file a claim under the state's wrongful death statute. While these relationships can be emotionally significant, the law reserves the right to pursue wrongful death claims for those who had legal, direct relationships with the deceased.
Understanding your eligibility is essential in determining your ability to seek justice and compensation for your loss. If you are unsure whether you qualify to file a claim, consult with an experienced North Carolina wrongful death attorney who can guide you through the legal process and answer any questions you have.
Wrongful Death Statute of Limitations
In most cases involving wrongful death, the statute of limitations in North Carolina is two years from the date of death. There are a number of exceptions to this rule. That’s why it’s important that you talk with a North Carolina wrongful death lawyer as soon as possible after your loved one’s passing.
A North Carolina wrongful death attorney from Henson Fuerst can help you calculate the proper statute of limitations for your case, particularly if your case involves conditions or symptoms that took an extended period of time to develop or become known, such as a medical malpractice, defective product, drug injury, or toxic exposure claim.
Why You Need to Act Now
Don’t wait until it’s too late to contact an attorney about your wrongful death claim. Wrongful death cases are very complex and filing a lawsuit is complicated. Your lawyer needs adequate time to:
- research the case,
- obtain all necessary records and documentation,
- evaluate the strengths and weaknesses of the case,
- determine what legal claims should be made,
- identify which parties to sue,
- and select the proper court in which to file the case.
Cheryl S.
Understanding Your Rights as a Family Member of a Wrongful Death Victim
As a family member of someone who has died due to wrongful death, you have certain legal rights designed to help you seek justice and compensation. In North Carolina, these include:
- Right to File a Wrongful Death Claim. Eligible family members include spouses, children, parents, and legal dependents of the deceased or the estate's personal representative. Fiancés, stepchildren, foster children, and unmarried partners are not eligible.
- Right to Compensation. You can seek compensation for economic, non-economic, and punitive damages.
- Right to Legal Representation. You have the right to seek legal advice from an attorney who will protect your interests, guide you through the legal process, and fight for fair compensation.
- Right to Hold the Responsible Party Accountable. You can seek justice by holding the at-fault party accountable for their actions, whether through a lawsuit or other legal means.
- Right to Pursue Future Losses. Compensation may include future financial support the deceased would have provided, such as wages or care.
- Right to File a Claim Within a Timeframe. The statute of limitations in North Carolina is generally two years from the date of death. Acting quickly is essential.
- Right to Recovery for Loss of Consortium. A surviving spouse may claim damages for losing companionship, affection, and emotional support.
While no amount of money can replace a lost loved one, pursuing a wrongful death claim ensures that your family receives compensation for your losses. Consulting an experienced wrongful death attorney is crucial to protecting your rights and maximizing your recovery.
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Common Wrongful Death Causes in North Carolina
Motor Vehicle Accidents
Car accidents are among the leading causes of wrongful death. These can result from distracted driving, speeding, driving under the influence of alcohol or drugs, and failure to follow traffic laws. Accidents involving motorcycles, trucks, and pedestrians also frequently lead to fatal injuries.
Medical Malpractice
Medical negligence or medical malpractice occurs when a healthcare professional fails to provide the standard of care expected, leading to injury or death. This can include surgical errors, misdiagnosis, delayed diagnosis, medication mistakes, and anesthesia errors.
Workplace Accidents
Occupational accidents are another common cause of wrongful death. Construction accidents, falls from heights, machinery accidents, and exposure to hazardous substances are examples of work-related incidents that can lead to fatal injuries. These accidents are often covered under workers' compensation, but in some cases, a wrongful death lawsuit may be pursued if third-party negligence is involved.
Defective Products / Product Liability
Deaths caused by defective products—such as faulty vehicles, dangerous pharmaceuticals, or hazardous household items—fall under product liability laws. Manufacturers, distributors, and sellers can be held liable if their products cause fatal injuries due to defects or poor design.
Slip and Fall Accidents / Premises Liability
Slip and fall accidents on dangerous property, such as icy sidewalks, wet floors, or poorly maintained premises, can result in fatal injuries. Property owners must maintain a safe environment; when they fail, they may be held accountable for any resulting wrongful death.
Criminal Acts (Homicide or Assault)
Homicide or fatal injuries caused by assault, battery, robbery, or other violent crimes can lead to wrongful death claims. In some cases, a criminal case may be pursued alongside a civil wrongful death case, primarily if the death resulted from intentional harm.
Drowning Accidents
Drowning incidents in swimming pools, lakes, rivers, or seas can result from negligence, such as inadequate supervision, failure to maintain safety measures properly, or the absence of proper warnings or barriers to keep people safe.
Nursing Home Abuse or Neglect
Elder abuse or neglect in nursing homes or care facilities can lead to fatal injuries. This can include physical abuse, neglect in providing proper medical care, malnutrition, dehydration, and unsanitary conditions that contribute to deadly infections or other complications.
Dog Bites and Animal Attacks
Dog bites or attacks by dangerous animals can lead to fatal injuries, especially if the victim is elderly, a child, or in poor health. Owners of dangerous animals may be held liable for injuries or deaths caused by their animals.
Boating and Watercraft Accidents
Boating accidents on lakes, rivers, and the coast of North Carolina can lead to fatal injuries. Collisions between boats, capsizing, or accidents involving intoxicated operators are common causes of fatal boating incidents.
Fires and Explosions
Fatal fires or explosions caused by faulty wiring, gas leaks, defective appliances, or arson can result in wrongful death claims. Property owners, manufacturers, or those responsible for safety can be held accountable for such tragedies.
Falls from Heights
Accidents involving falls from construction sites, scaffolding, or other elevated surfaces can lead to wrongful death. These accidents often result from safety violations, improper training, or faulty equipment.
Let A Wrongful Death Lawyer at Henson Fuerst Stand By You in the Wake of a Tragic Loss
No one should have to endure the unjust death of a loved one alone. At Henson Fuerst, we understand how difficult it is to face such a loss, and we are committed to helping grieving families in North Carolina seek justice, emotional closure, and financial compensation through a wrongful death lawsuit.
We’ll fight tirelessly to ensure you and your family receive the fair treatment you deserve and secure the maximum compensation needed for recovery. To speak with a compassionate and dedicated wrongful death attorney, call us today at (919) 781-1107 or complete our free consultation form online.
Frequently Asked Questions
When someone is killed as the result of another individual’s or company’s negligence or actions, it may be considered wrongful death.
In most cases involving wrongful death, there is a statute of limitations or deadline that determines the amount of time in which a case must be filed or resolved before being barred from further action.
In North Carolina, the statute of limitations is two years from the date of death. There are a number of exceptions to this rule. That’s why it’s important that you talk with a North Carolina wrongful death attorney as soon as possible after your loved one’s passing.
State law requires that someone be appointed as either the administrator or executor of an estate in North Carolina. This individual is appointed or approved by a court, and once the estate is officially opened, that individual has all necessary legal rights to make decisions on behalf of the estate. The administrator or executor has the right to hire a lawyer in the event that a legal claim needs to be brought on behalf of the estate.
An estate should be set up in the county where your loved one lived. For those who died without a will, with only minimal assets and a small number of heirs, an estate can usually be opened without a lawyer.
If there is a large amount of assets or a large number of potential heirs, particularly those who may be prone to disagreeing about money, then you may want to hire a lawyer to assist you in this process.
There is no fee for your initial consultation, nor is there for investigating the case to determine whether we can pursue it for you. If we do take your case, you pay us nothing until your claim is resolved. We handle cases on a contingency fee basis, which means that we only get paid if we are successful in resolving your claim. Once we resolve the case, we deduct our attorney’s fee from the settlement. If for some reason we are not able to resolve your case, we take no fee.
Wrongful death cases must be filed in the North Carolina State court or the county where either the plaintiff or the defendant resides or has their principal place of business. Our North Carolina wrongful death lawyers will assess the pros and cons of filing in each of those possible venues.
If the case involves plaintiffs or defendants who are from states other than North Carolina, then we may also be able to file a lawsuit in federal court. We consider all possible venues where a lawsuit could be filed and make the best decision given the factors of the case.
Yes. Unfortunately, we often have to make a claim against someone who has died. In some cases, the defendant may have died from injuries related to the accident or injury itself, whereas in other cases the defendant may have died at some point afterward from unrelated causes. Either way, Henson Fuerst is ready to bring proper legal claims against any responsible parties.
In most cases, it’s our goal to try and resolve claims through negotiation without filing a lawsuit. In our experience, settling a claim through negotiation rather than lawsuit is usually faster and more economical for the client. Negotiation often puts less emotional pressure on the family who has suffered the loss of a loved one than subjecting them to the stress and anxiety of trial.
Under North Carolina law, to prove a defendant’s conduct was wrongful, negligent, or lacking an action that may have prevented your loved one’s death, you must prove the defendant is liable. Proving negligence requires that the defendant’s actions both caused and were responsible for the injuries that led to your loved one’s death.
To prove negligence, you must show that the defendant—or at-fault party:
- Had a Duty to the Decedent
Under the circumstances, the defendant owed your loved one a certain level of care. - Breached that Duty
The defendant failed to uphold his or her legal duty of care to your loved one. - Showed Causation
An accident or injury was caused by the defendant’s actions. - Inflicted Damages
Your loved one was harmed as a result of the accident or injury.
In a wrongful death case, you must also prove that there are legal beneficiaries who are eligible to share in any recovery—or compensation.