Raleigh Wrongful Death Lawyer

Tenacious Wrongful Death Attorney in Raleigh, NC

A family should not have to worry about funeral expenses, unpaid medical bills, and lost household income while trying to come to terms with the death of someone they love. Yet these financial pressures often arrive immediately after a fatal accident. 

When another person’s negligence caused the death, North Carolina law provides a way for the deceased person’s estate to pursue compensation.

At O’Malley Tunstall, PC, we understand that pursuing a legal claim is not what families want to be thinking about during this time. Attorney Joseph P. Tunstall III has practiced law in North Carolina since 2000 and has handled injury cases through the state’s highest court. 

Contact us today for a free consultation. Our Raleigh wrongful death lawyers can review the circumstances of your loss, explain who has the authority to bring a claim, and discuss the legal options available to your family.

North Carolina’s Wrongful Death Law Protects the Estate and Its Beneficiaries

A wrongful death lawsuit is a civil action brought when someone’s wrongful conduct or negligence causes another person’s death. North Carolina General Statutes Section 28A-18-2 establishes the legal framework for these claims.

One important feature of the law is that the lawsuit belongs to the deceased person’s estate. A surviving spouse, child, or parent cannot independently file the action just because they suffered the loss.

Instead, the estate’s personal representative must bring the lawsuit. This may be:

• An executor named in the deceased person’s will.
• An administrator appointed by the Clerk of Superior Court when there is no will.

The personal representative pursues compensation on behalf of the legally entitled beneficiaries. Any recovery is distributed according to North Carolina’s intestacy rules, rather than automatically going to the person who filed the lawsuit.

Fatal Accidents That May Give Rise to a Wrongful Death Lawsuit

The legal issues in a wrongful death case depend heavily on how the fatal incident occurred. A negligent driver presents different investigative questions than a construction company that failed to maintain a safe jobsite.

Our firm handles wrongful death matters involving:

• Motor vehicle, truck, and motorcycle collisions.
• Pedestrian and bicycle accidents.
• Unsafe property conditions and slip-and-fall incidents.
• Defective products and dangerous medications.
• Construction accidents and workplace fatalities.
• Other deaths caused by negligent or wrongful conduct.

Workplace fatalities deserve particular attention. Workers’ compensation may provide death benefits to eligible family members, but it generally prevents claims directly against the deceased worker’s employer.

That restriction does not necessarily protect every other company involved. A general contractor, equipment manufacturer, subcontractor, or property owner may face a separate wrongful death lawsuit when its negligence contributed to the fatal accident. 

Identifying these third-party claims can be important when workers’ compensation benefits alone do not address the family’s losses.

The Evidence Must Establish How Negligence Caused the Death

A wrongful death lawsuit requires proof that the defendant owed the deceased a duty of care, breached that duty, and caused the death through that breach. 

The personal representative must establish these elements by a preponderance of the evidence, meaning the evidence must show that the claim is more likely true than not.

The investigation may involve several sources of evidence, including:

• Police and accident investigation reports.
• Medical records and treatment histories.
• Witness interviews and recorded statements.
• Employment and financial records.
• Equipment inspection and maintenance records.
• Expert analysis of the accident or medical circumstances.

Some cases involve multiple potentially responsible parties. A fatal collision, for example, may raise questions about both a driver’s conduct and a business that contributed to the circumstances leading to the crash. In a medical malpractice case, the investigation may need to establish how a failure to diagnose or treat a condition contributed to the patient’s death.

Our attorneys examine the available evidence to identify the parties whose conduct may support a claim.

What Compensation Can Families Pursue?

North Carolina’s wrongful death statute identifies several categories of damages that may be recovered. They address both the financial consequences of the death and the personal losses experienced by the deceased person’s beneficiaries.

Economic damages may include:

• Income and benefits the deceased would likely have earned.
• The value of services the deceased would have provided.
• Medical expenses incurred before death.
• Funeral and burial expenses.

Non-economic damages may compensate for the loss of companionship, comfort, guidance, and care.

The value of a claim depends on the evidence. The deceased person’s age, earning history, expected financial contributions, and family relationships may all affect the damages calculation.

Punitive damages may also be available when the defendant’s conduct meets the statutory requirements. 

Examples can include particularly reckless behavior, such as drunk driving, or willful and wanton disregard for safety. These damages serve to punish qualifying misconduct rather than compensate the family for its losses.

North Carolina’s Contributory Negligence Rule Can Put a Claim at Risk

North Carolina applies a strict contributory negligence standard. If the defendant establishes that the deceased person contributed to their own death through negligence, the family may be prevented from recovering compensation.

Even a finding of 1% fault can defeat the claim, subject to limited legal exceptions.

Two important doctrines may affect this defense:

• Last clear chance: A claim may survive when the defendant had a final opportunity to avoid the accident but failed to act.
• Gross negligence or willful and wanton conduct: Certain forms of aggravated misconduct may permit recovery despite the deceased person’s contributory negligence.

Insurance companies may investigate the deceased person’s actions closely and use any evidence of potential fault to challenge the claim. Our attorneys examine those arguments against the available facts and applicable North Carolina law.

How Long Does a Family Have to File?

Under North Carolina General Statutes Section 1-53(4), the wrongful death statute of limitations is generally two years from the date of death.

The deadline does not necessarily begin on the date of the accident. If someone survives for a period before dying from their injuries, the two-year period generally starts on the date of death.

Families also need time to address estate administration and appoint a personal representative. Waiting until the deadline approaches can create unnecessary obstacles to filing a lawsuit.

Taking a Wrongful Death Case to Court in Wake County

Wrongful death lawsuits arising from fatal incidents in Raleigh are generally handled in Wake County Superior Court. The Wake County Courthouse is located at 316 Fayetteville Street in downtown Raleigh.

When a deceased person did not leave a will, the family may need to apply to the Clerk of Superior Court to have an administrator appointed. That individual can then pursue the wrongful death action on behalf of the estate’s beneficiaries.

Although many cases resolve through settlement, preparing for trial remains important. Attorney Joseph P. Tunstall III reports more than 100 plaintiff’s verdicts throughout his career and has represented clients in courts across North Carolina.

Appellate Experience That Matters in Serious Injury and Death Litigation

O’Malley Tunstall brings experience with legal questions that extend beyond the initial investigation and trial.

In Harrell v. Bowen, 362 N.C. 142 (2008), Attorney Tunstall represented the plaintiff before the Supreme Court of North Carolina. The court considered whether punitive damages could be recovered from the estate of a deceased wrongdoer and ultimately ruled against recovery, with two justices dissenting.

Attorney Susan M. O’Malley, who has practiced in North Carolina since 1994, represented the family in Willey v. Williamson Produce, 357 N.C. 41 (2003). The Supreme Court reversed the Court of Appeals and upheld a death-benefit award for a truck driver’s minor daughter after her father died in a workplace accident.

Our attorneys also work with other law firms as co-counsel on third-party liability claims involving workplace fatalities and related workers’ compensation matters.

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Frequently Asked Questions

Can a family member file a wrongful death lawsuit personally?

No. North Carolina law requires the deceased person’s personal representative to file the lawsuit. The representative acts for the benefit of the eligible heirs.

Does a wrongful death claim require criminal charges?

No. A wrongful death lawsuit is a civil proceeding, separate from any criminal investigation or prosecution. A criminal conviction is not required to establish civil liability.

What happens if the deceased person did not have a will?

The Clerk of Superior Court can appoint an administrator to serve as the estate’s personal representative. That person can pursue the wrongful death claim.

Can siblings or grandparents receive compensation?

Potentially. North Carolina’s intestacy laws determine who receives the recovery. A surviving spouse, children, and parents generally have priority, while other relatives may qualify in certain family situations.

Does a wrongful death settlement involving a minor require court approval?

Yes. A settlement involving a minor beneficiary requires judicial review and approval to protect the child’s interests.

Will every wrongful death lawsuit go to trial?

No. Many cases settle before trial. However, the possibility of litigation should be considered when investigating the claim and negotiating with insurers.

Speak With a Raleigh Wrongful Death Lawyer

No legal action can undo the loss of a family member. However, when negligence caused the death, pursuing a wrongful death claim may help address the financial consequences and hold the responsible parties accountable.

O’Malley Tunstall, PC, can review the circumstances of your loved one’s death, explain the estate’s legal requirements, and evaluate potential sources of recovery. Attorney Joseph P. Tunstall III and our legal team bring decades of North Carolina litigation experience to serious injury and wrongful death cases.

Contact O’Malley Tunstall today to schedule a free case evaluation. We can help your family understand the next steps without adding unnecessary pressure during an already painful time.