Raleigh Wrongful Death Lawyers

A Wake County Legal Team Your Family Can Trust

When someone passes away due to the negligent or wrongful conduct of another, their surviving loved ones can seek justice against the liable party. Under North Carolina’s wrongful death statute, eligible family members can recover for certain losses associated with their loved one’s passing. 

At Hyland, Padilla & Fowler, PLLC, we know that no amount of financial recovery can ever make up for the traumatic loss of someone you love. However, a fair settlement or jury verdict can provide a much-needed sense of justice, as well as the financial resources your family needs to heal. We encourage you to reach out to our team today to learn how our experienced and empathetic team can help you with your case. 

For a free, no-obligation consultation with one of our Raleigh wrongful death lawyers, call (919) 891-8361 or contact us online. Se habla español.

Filing a Wrongful Death Claim in Wake County, NC

If you are considering filing a wrongful death claim in North Carolina, there are several important things you need to know about the process and how to protect your rights as a bereaved party.

First, you should know what constitutes wrongful death under the state’s wrongful death laws. In North Carolina, a person’s death is considered “wrongful” when it results from “a wrongful act, neglect, or default of another” individual or entity. In most cases, if the person who passed away (known as the “decedent” in these cases) would have had grounds for a personal injury claim had they lived, their death is considered “wrongful.” 

Some of the most common causes of wrongful death include:

• Car, truck, motorcycle, and other motor vehicle accidents 
• Pedestrian and bicycle accidents 
• Serious falls, including slip and fall accidents and falls from heights
• Sports- and recreation-related accidents 
• Violent acts, such as assault 

If your loved one died due to the negligent, reckless, or wrongful conduct of another, reach out to Hyland, Padilla & Fowler, PLLC as soon as possible to learn how we can help you fight for the justice you deserve. 

Who Can File a Wrongful Death Lawsuit in Raleigh, NC? 

In North Carolina, only the personal representative of the decedent’s estate may file a wrongful death lawsuit. However, they do so on behalf of the estate, as well as certain surviving family members. 

Those eligible to recover damages in a North Carolina wrongful death lawsuit include the decedent’s surviving: 

• Spouse
• Children
• Parents
• Heirs
• Dependents 

The personal representative is someone named by the decedent in a will to carry out the administration of the estate after their passing. If no such person exists, or if the decedent did not have a will, the court will appoint a personal representative to serve in this capacity. 

Wrongful Death Damages 

A wrongful death lawsuit has two essential purposes: first, it allows you to seek justice on behalf of your loved one by holding the liable party accountable; second, it grants you the ability to recover financial compensation for “damages,” or losses you have endured as a result of your loved one’s death. The exact types of damages you can recover, as well as the overall value of your claim, depend on numerous factors. However, many people are able to recover similar damages in North Carolina wrongful death lawsuits.

Examples of wrongful death damages include: 

• Funeral/burial expenses 
• Medical expenses 
• Loss of income/financial support
• Loss of services 
• The decedent’s pain and suffering 
• Loss of protection, care, comfort, guidance, assistance, advice, companionship, and society
• Punitive damages 

At Hyland, Padilla & Fowler, PLLC, we seek maximum compensation for our clients and strive to ensure the at-fault party is held fully responsible for the devastating loss you and your family have endured. We can help you understand what to expect from the process during a free and confidential consultation. 

What To Do After a Fatal Accident in North Carolina

In the days and weeks after a sudden loss, it can be difficult to know what to do first. While every family’s needs are different, there are practical steps you can take that may protect your legal options while also allowing you to grieve and make arrangements. Taking these steps does not mean you are rushing into a lawsuit; instead, it helps preserve information and documents that may be important later if you decide to move forward with a claim.

If possible, try to gather and keep copies of key records related to the death, such as the death certificate, any accident or incident reports, and medical records from hospitals in the Raleigh area that treated your loved one. It can also be helpful to write down what you know about how the fatal event happened and to save any photos, videos, or messages that may relate to the incident. If law enforcement or a state agency is involved, make a note of the case number and the names of the officers or investigators so we can request their files later.

You may also begin receiving calls or letters from insurance companies, employers, or property owners who are connected to the incident. Before giving a detailed statement or signing any paperwork, consider speaking with a fatal accident attorney who can explain your rights and help you avoid agreements that limit your ability to pursue full compensation. When you contact our office, we can step in to handle communications with these parties, answer your questions about the process in North Carolina courts, and give you space to focus on your family while we look into the circumstances surrounding your loved one’s death.

What Is the Statute of Limitations on Wrongful Death Cases in Wake County? 

In North Carolina, wrongful death lawsuits are subject to a two-year statute of limitations. This means that you have just two years from the date of death (in most cases) to file your claim in court. If you wait too long, the other party will likely file a motion to dismiss, and the court will almost certainly throw out your case. 

Though we know that taking legal action after the death of a loved one can feel overwhelming, we urge you to act quickly. The sooner you reach out to our Raleigh wrongful death lawyers, the sooner they can begin investigating your case, gathering evidence, and advocating for you and your family. 

If you are wondering how timing may affect your case, consider these key points:

• Two-year deadline applies in most wrongful death matters, measured from the date of death rather than the date of the underlying incident.
• Shorter time limits may apply if the claim involves a government agency or notice requirements, which makes early legal guidance especially important.
• Evidence is easier to secure when you act quickly, as records, physical evidence, and witness memories are more likely to be available and accurate.
• Estate procedures take time because a personal representative must be appointed through the Wake County court system before filing suit.

How Our Raleigh Wrongful Death Attorneys Can Help with Your Claim 

At Hyland, Padilla & Fowler, PLLC, we are ready to help you navigate this difficult time with compassion, empathy, and continued support. You should not have to face the legal process alone; with our team by your side, you can focus on spending time with your loved ones while we handle all the legal details. 

We offer free consultations and contingency fees. This means that you do not pay anything out of pocket when you hire our firm. Instead, we only collect attorney fees if and when we recover compensation for you. Once we have collected a settlement or verdict on your behalf, we then take a percentage of that award to cover our legal costs. 

When you work with our team on a wrongful death or fatal accident claim, we can assist you in many ways:

• Handling communications with insurance companies, defense lawyers, employers, and other parties so you are not dealing with stressful or confusing calls and letters.
• Gathering and organizing evidence such as police reports, medical records, employment information, and photographs to support the legal and factual basis for your claim.
• Coordinating with outside professionals including medical providers and financial experts when their insight is needed to explain the impact of your loss.
• Evaluating settlement offers by comparing them to the full range of damages allowed under North Carolina law and discussing options with you before any decision is made.
• Preparing for court by drafting legal filings, meeting court deadlines in Raleigh and Wake County, and getting your case ready for hearings or trial if settlement is not appropriate.

From the beginning of your case, we can step in to communicate with insurance carriers, defense attorneys, and other parties on your behalf so you are not fielding stressful phone calls and letters. Our team can gather police reports, medical records, and employment information, and we can speak with witnesses while their memories are still fresh. By taking on this work, we aim to protect your family from common missteps that can occur when people try to handle a wrongful death claim on their own.

As your claim progresses in Raleigh or elsewhere in Wake County, we will keep you updated, explain each major decision, and help you weigh settlement offers against the potential risks and benefits of going to trial. Our attorneys have handled thousands of serious injury and fatal accident matters, and we bring that experience to bear when negotiating with insurers and presenting cases in court. Throughout the process, our goal is to honor your loved one’s story and pursue the outcome that best supports your family’s long-term stability.

Schedule your complimentary consultation today by calling (919) 891-8361 or by contacting us online.