Losing a loved one is devastating. When that loss is caused by someone else’s negligence or reckless actions, the grief can feel even more overwhelming. You may have questions about your legal rights, including whether you can file a lawsuit and how to hold the responsible party accountable, all while coping with profound loss.

At Lewis & Keller Injury Lawyers, our Winston-Salem wrongful death attorneys understand what you’re going through. We’re here to answer your questions, explain your options, and guide you through the legal process with compassion and care. Below, we’ve compiled answers to some of the most common questions we receive about wrongful death claims in North Carolina.

What Is a Wrongful Death Claim?

A wrongful death claim is a civil lawsuit filed when a person dies due to another party’s negligence, recklessness, or intentional misconduct.

Under North Carolina law, every person has a duty of care toward others. This means they must act responsibly and avoid causing harm. When someone breaches that duty and their actions result in a fatality, the surviving family members may be entitled to pursue compensation through a wrongful death lawsuit.

Wrongful death claims can arise from many different circumstances, including:

• Car, truck, or motorcycle accidents caused by a negligent driver
• Medical malpractice, such as surgical errors, misdiagnosis, or medication mistakes
• Workplace accidents due to unsafe conditions or employer negligence
• Defective or dangerous products
• Premises liability incidents, such as fatal slip-and-fall accidents
• Nursing home abuse or neglect
• Criminal acts, including assault or homicide

It’s important to understand that a wrongful death lawsuit is separate from any criminal charges that may be filed against the responsible party. Even if no criminal prosecution occurs or if the defendant is acquitted in criminal court, a civil wrongful death claim can still proceed.

How is Personal Injury Law RElated?

Wrongful death is a form of personal injury law, and often becomes an aspect of another type of personal injury case. In the examples above, the case would be both a wrongful death case as well as an auto accident case, general personal injury, premises liability or nursing home abuse case, respectively.

Who Can File a Wrongful Death Lawsuit in North Carolina?

North Carolina has specific rules about who can file a wrongful death lawsuit. Unlike some states that allow family members to file directly, North Carolina requires that the claim be brought by the personal representative of the deceased person’s estate.

The personal representative (also called an executor or administrator) is typically named in the deceased person’s will. If there is no will, the court will appoint an administrator—usually a close family member such as a surviving spouse or adult child.

While only the personal representative can file the lawsuit, any compensation recovered is distributed to eligible beneficiaries in accordance with North Carolina’s intestate succession laws or the terms of the will.

Eligible beneficiaries of a wrongful death lawsuit may include:

• The surviving spouse
• Children of the deceased
• Parents of the deceased (if there is no surviving spouse or children)
• Other relatives who were financially dependent on the deceased

If you believe you have a wrongful death claim but are unsure about the estate administration process, a wrongful death attorney can help you navigate the legal requirements and ensure the claim is filed properly.

What Damages Can Be Recovered in a Wrongful Death Case?

North Carolina law allows surviving family members to recover compensation for a wide range of losses in a wrongful death case. The specific damages available depend on the circumstances of the death and your relationship to the deceased.

Recoverable damages may include:

• Medical Expenses: Costs for medical treatment the deceased received between the time of injury and death, including hospital stays, surgeries, medications, and emergency care.
• Funeral and Burial Expenses: Reasonable costs associated with the funeral, burial, or cremation of your loved one.
• Loss of Income and Financial Support: Compensation for the wages and benefits the deceased would have earned over their expected lifetime, as well as the value of financial support they provided to their dependents.
• Loss of Services: The value of household services, care, guidance, and assistance that the deceased provided to their family.
• Loss of Companionship and Consortium: Compensation for the loss of love, affection, comfort, and companionship that surviving family members have suffered.
• Pain and Suffering: Through a survival action, the estate may recover compensation for the physical pain and emotional suffering the deceased experienced prior to death.
• Punitive Damages: In cases involving willful, wanton, or grossly negligent conduct, the court may award punitive damages to punish the wrongdoer and deter similar behavior in the future.

How Do You Prove Liability in a Wrongful Death Case?

To succeed in a wrongful death lawsuit, you must prove that the defendant’s negligence or wrongful conduct caused your loved one’s death. This requires establishing four key elements:

• Duty of Care: The defendant owed a duty of care to the deceased. For example, drivers have a duty to operate their vehicles safely, and doctors have a duty to provide competent medical care.
• Breach of Duty: The defendant breached that duty through negligent, reckless, or intentional actions. This could be a driver running a red light, a property owner failing to fix a known hazard, or a manufacturer selling a defective product.
• Causation: The defendant’s breach of duty directly caused or substantially contributed to the death. There must be a clear connection between the defendant’s conduct and the fatal outcome.
• Damages: The death resulted in quantifiable damages to the surviving family members, such as financial losses, funeral expenses, and loss of companionship.

North Carolina follows a contributory negligence rule, which means that if the deceased was found to be even partially at fault for the incident that led to their death, the family may be barred from recovering any compensation. This makes it especially important to work with an experienced wrongful death attorney who can build a strong case and counter any attempts to shift blame.

Where Can I Report a Death or Request Records in Forsyth County?

If you need to report a death, obtain records, or file official documents related to a wrongful death claim in Forsyth County, the following local resources may be helpful:

• Forsyth County Clerk of Superior Court: This court handles estate administration and probate matters. The office is located at the Forsyth County Hall of Justice, 200 North Main Street, Winston-Salem, NC 27101. Visit the Forsyth County Clerk of Court website for more information.
• Winston-Salem Police Department: To request a copy of an accident or incident report, contact the Winston-Salem Police Department Records Division. Reports can be requested online through the City of Winston-Salem Form Center portal.
• North Carolina Office of the Chief Medical Examiner: This office investigates deaths that occur under certain circumstances, including accidents, homicides, and unexplained deaths. Visit the NC OCME website for information on obtaining autopsy reports or death investigation records.
• Forsyth County Register of Deeds: This office issues death certificates for deaths that occur in Forsyth County. The office is located at 201 North Chestnut Street, Winston-Salem, NC 27101.

Your wrongful death attorney can assist you in obtaining the necessary records and navigating the administrative requirements of your case.

Contact Lewis & Keller Injury Lawyers Today

If you’ve lost a loved one due to someone else’s negligence in Winston-Salem or anywhere in North Carolina, the wrongful death attorneys at Lewis & Keller Injury Lawyers are here to help. We offer a free, no-obligation consultation to review your case and explain your legal options.

You don’t have to face this difficult time alone. Contact us today to speak with a compassionate and experienced wrongful death lawyer who will fight for the justice your family deserves.