The Personal Injury & Litigation Team of McIntosh Law Firm - 209 Delburg Street, Suite 203, Davidson, NC, 28036

Wrongful Death

Concord Wrongful Death Attorneys

If you have lost a loved one as a result of someone else’s negligence or wrongdoing or because of a defective product, you need the help of compassionate and tenacious attorneys. Wrongful death laws vary greatly from state-to-state, so even if you are familiar with the general concept, our Concord wrongful death attorneys can help you understand what to expect in North Carolina and determine if you have a claim.

Wrongful Death Claims

In North Carolina, a wrongful death claim can be brought for any type of accident that could have resulted in a personal injury lawsuit had the victims survived. Examples include:

  • Car accidents
  • Motorcycle accidents
  • Commercial truck accidents
  • Pedestrian accidents
  • Accidents caused by defective products, including defective vehicles and defective drugs
  • Premises liability accidents such as slip and fall or drowning
  • Medical malpractice

Wrongful Death Beneficiaries

North Carolina has a very specific and complicated law that designates who can receive wrongful death compensation and in what portions. In North Carolina, wrongful death compensation is distributed according to the law of Intestate Succession, which is the law that determines how assets are distributed when a person dies without a will. In general, living children and spouses are favored and may receive the entire amount. Depending on the circumstances, grandchildren, other descendants, parents, and siblings can receive compensation in the absence of a child and/or spouse.

Sadly, North Carolina does not recognize common law marriage even if it was initiated in a state that does.

Compensation in North Carolina Wrongful Death Cases

Wrongful death compensation is an emotional topic. No amount of money can make up for the loss of a loved one. Certain damages are fairly straightforward, but others are very painful for families to imagine putting a value on. In North Carolina, wrongful death damages include:

  • Medical expenses incurred as a result of the injury, before death
  • Pain and suffering of the decedent
  • Reasonable funeral expenses
  • Punitive damages that the decedent could have recovered if they had survived
  • Punitive damages if the death was caused through malice or willful or wanton conduct
  • The monetary value of the decedent to the beneficiaries

The monetary value of the decedent includes the loss of what you and any other beneficiaries expected to receive from your loved one in the following areas:

  • The decedent’s income
  • Protection, care, assistance, and services such as childcare, home maintenance, and running the household
  • Society, companionship, kindly offices, comfort, and advice

To learn more about wrongful death compensation and your rights in North Carolina, please call our Concord wrongful death attorneys at (704) 892-1699 or contact us online to schedule your free consultation.