The entire experience from day 1 was pleasant and made me feel comfortable working with the entire team. They treated me like family and I owe every person in the office a huge Thank You. I have interacted with them all and I am very thankful for my experience with such professionals who are now like family to me. Thank ...
The entire experience from day 1 was pleasant and made me feel comfortable working with the entire team. They treated me like family and I owe every person in the office a huge Thank You. I have interacted with them all and I am very thankful for my experience with such professionals who are now like family to me. Thank you! I appreciate the endless hours of work you all did for me. I was always informed and never had to call for updates. I was contacted and kept in the loop the entire time. Now that the case is over I will definitely miss the team but Thank God for them everyday. Read more
Michael Stengele
The team at Tatum and Atkinson made sure I was taken care if after my accident. Great communication and follow up. I never expected to receive the compensation I did. Even after everything was settled they still followed up to be sure I had everything that was due me. I truly hope you never need an injury attorney, but if ...
The team at Tatum and Atkinson made sure I was taken care if after my accident. Great communication and follow up. I never expected to receive the compensation I did. Even after everything was settled they still followed up to be sure I had everything that was due me. I truly hope you never need an injury attorney, but if you find yourself in need they are the best. Read more
Mitch Sandman
I think the firm is great, every one is nice and helpful. Just wish we had more insight to our case and what’s going on but I understand these thing take time. Other than that I would recommend.
ladarius smith
This is my update and My sincere apologies to the Firm. There was a misunderstanding concerning the amount I would receive. I have since learned that the oringal amount was to be in 2 parts. So I have since been made whole . Even after the negative rewire I posted Season call and she was very nice..and Professional...so yes I ...
This is my update and My sincere apologies to the Firm. There was a misunderstanding concerning the amount I would receive. I have since learned that the oringal amount was to be in 2 parts. So I have since been made whole . Even after the negative rewire I posted Season call and she was very nice..and Professional...so yes I would use them ....Again..... Read more
Vertina Webb
Tatum and Atkinson customer service was really awesome. All questions were answered and follow up in a very acceptable response time. Very professional and Highly recommended. Thank you. Maude
Venessa Gales
Awesome caring people! Everyone was polite, the process was easy, they did the job right. The tv commercials might be cheesy but it’s true when they said! Call the heavy hitters, they'll get you more!! Thank you so much! Raleigh staff was awesome! ...
Awesome caring people! Everyone was polite, the process was easy, they did the job right.
The tv commercials might be cheesy but it’s true when they said! Call the heavy hitters, they'll get you more!! Thank you so much!
Raleigh staff was awesome! Read more
K BranK.
Excellent law firm to work with!! Season Atkinson and her staff were professional and friendly. I would definitely use them in the future. Highly recommend this firm!
Ernesto Moreno
Tatum and Atkinson did a great job! Having them represent me gave me peace of mind that I needed. Thank you for taking the reigns and expertly navigating an intimidating process.
Terri Yadon
I was very happy with the service I recieved and how they looked out for me.. I recieved twice what I was offered. I was rear-ended and all the legal stress was taken off my shoulders while I healed by the lawyers at this firm. I would use them again if the need arised.
Shane Mahler
I highly recommend Tatum & Atkinson. The staff was great to work with and the communication was on point. The process was very smooth, and I would definitely use their services again if needed. Thanks ~ Candy ...
I highly recommend Tatum & Atkinson. The staff was great to work with and the communication was on point. The process was very smooth, and I would definitely use their services again if needed.
Thanks ~ Candy Read more
Candy rooks
My son Brian Walters was involved in an accident 4 years ago . We called Tatum& Atkinson I must say there were very professional helpful and did a great job with my son case there staff is a awesome group of people I never seen a group of people with compassion for others like this law firm.may god continue to ...
My son Brian Walters was involved in an accident 4 years ago . We called Tatum& Atkinson I must say there were very professional helpful and did a great job with my son case there staff is a awesome group of people I never seen a group of people with compassion for others like this law firm.may god continue to bless this law firm I reccomend them.to anybody thank you for you help and my son thanks you as well
TonyaMassneburg and Brian Walters Read more
Tonya Massenburg
One of the best lawyers I have ever been represented by I would recommend Ms. Atkinson to anyone in need of legal representation she is one of the most professional and caring lawyers I have ever met and it shows in the way she conducts herself in and out of the courtroom. Check them out. 🌟🌟🌟🌟🌟
Sean Johnson
We highly recommend this firm. Attorneys and associates are very client focused. In addition to their professionalism they are caring, considerate, and believe in communicating with their clients.
Tequila Rose
This is the greatest law firm! Mr Tatum was Special Forces and Mrs Atkinson sits on the board of MADD. I can't sing their praises high enough. They got my med pay quickly and secured a fantastic settlement for me. I would and do refer all my family and friends. They treat you like family!
Gloria Michael
They really take care of their clients. I greatly appreciated the calls from them just to ask how we as a family were doing while my husband was recovering from the accident. I would HIGHLY recommend them to anyone.
Tina Dollar
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North Carolina
Wrongful Death Lawyer in North Carolina
5-Star Reviews
“Wrongful death” is defined as a death that was caused by the neglect, wrongful act, or default of another party, be it a person or an entity. In North Carolina, a wrongful death lawsuit is essentially a type of personal injury claim that the victim would have been able to file if they had survived. However, since the injured victim is deceased and can no longer bring their own case to court, another party on their behalf can do so.
Who Can File a Wrongful Death Case in North Carolina?
An experienced attorney who specializes in wrongful death claims can provide representation based on compassion and help victims’ families receive the compensation that they deserve for their financial losses and the emotional distress caused by a wrongful death claim.
If the deceased person had a will, they most likely named a personal representative there. Parents, surviving spouses, or adult children are almost always the personal representatives of the deceased. In case the deceased had no estate plan or their personal representative specified in the will can’t or won’t serve, the court will appoint another person.
The personal representative of the deceased – as named in the will – is tasked by the court to manage the latter’s affairs. If the deceased did not name anyone in the will, the court will usually choose one from their immediate or extended family.
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The remainder is distributed to surviving members in accordance with the intestacy rules of North Carolina law. This means the surviving spouse will receive the entire amount recovered in the lawsuit unless the deceased person’s children and parents are also in the picture. In this case, their share will be determined based on the amount recovered and the circumstances of the case itself.
Without the expert guidance of a skilled attorney, it can be challenging for families to maneuver through these complex matters. If you are not sure whether you are eligible to file a wrongful death claim in North Carolina on your loved one’s behalf, please call us at 800-529-0804. We offer free initial consultation to the families of wrongful death victims in North Carolina.
Are you grieving the loss of a loved one who passed away due to the negligent actions of someone else? While your emotional loss is irreparable, you may be able to hold the at-fault party legally responsible for their reckless actions that caused the death of your loved one.
People who experience the wrongful death of an immediate family member often end up with considerable debt due to funeral costs and medical bills alone. If the person who died was a key breadwinner, the family also lost an important part of the household income they all relied on.
In North Carolina, when a person dies as a result of willful misconduct, negligence, or recklessness of another party’s action, the deceased’s personal representative could be eligible to file a wrongful death lawsuit.
The wrongful death attorneys at Tatum & Atkinson, PLLC – The Heavy Hitters® understand what you are going through and would like to offer our assistance. We will do everything within the ambit of the law to help you recover maximum financial damages while you focus on healing from your deep loss.
Let us look at some of the important aspects of a wrongful death case in North Carolina, including who can file the claim, the time limit, and what kind of damages are available if the claim succeeds.
What Type of Damages Can Be Recovered in a Wrongful Death Lawsuit in North Carolina?
If you bring a wrongful death lawsuit against someone, and your claim is successful, the NC court will order the defendant to pay certain damages to you. These may include:
Hospital and medical expenses resulting from the injury/illness that led to the death
Burial and funeral expenses
Pain and suffering experienced by the deceased
Loss of the deceased person’s income
Loss of their care, protection, assistance, and services
Loss of their guidance, companionship, comfort, and advice
If the court finds that the death was caused by “willful or malice or wanton conduct”, the defendant can also be ordered to pay punitive damages—rare but something we always go after if the case warrants it.
What Is the Statute of Limitations in Wrongful Death Claims in North Carolina?
In North Carolina, you have 2 years to file a wrongful death lawsuit from the date of the death. If you fail to bring the lawsuit within this time, the NC court will most likely dismiss your case. It won’t matter how strong your claim is, once the statute passes, you will lose your right to recover compensation.
There are some exceptions to this two-year rule. For example, if the child of a deceased parent was a minor at the time of the death, the said child may be able to file the lawsuit once they turn 18 years old.
If the surviving member is physically or mentally impaired in a way that prevents them from handling their own affairs, or if it’s a case of long-term medical negligence, the statute of limitations can be extended.
This is a complicated subject, so consider talking to an experienced attorney who can give you a more accurate estimation based on your circumstances. However, the sooner you start the process, the more likely your attorney will be able to gather crucial evidence and documents before they are lost forever.
This is why it’s so important to get in touch with an attorney immediately if you even suspect that your loved one’s death is a result of someone’s careless conduct. We understand that talking to a wrongful death lawyer might be the last thing on your mind, but securing your financial future is critical, especially if you have children.
How Do You Prove That It Was a Wrongful Death?
It goes without saying that in order to obtain financial damages, your wrongful death attorney must prove that your loved one’s death was caused by the negligent party’s actions. You will need solid evidence to show to the court what happened and exactly how the other party is responsible for it. Public records are a good place to start.
These types of evidence can prove to be extremely useful in these cases:
The death certificate of your loved one (since it lists the cause and time of death).
The medical records (since they can show evidence of injuries or medical malpractice that led/contributed to the death).
The autopsy and police reports (if the death was investigated by professional medical examiners and the police).
Physical evidence, including any pictures and videos of the incident and witness statements.
Tax returns and pay stubs (to help calculate the value of your financial losses due to your loved one’s death)
Schedule a Free Case Review with Top-Rated Wrongful Death Attorneys in North Carolina
A wrongful death claim involves an intricate legal process in North Carolina. You have to collect several documents to establish your claim, including medical records, incident reports, photographs, and even employment histories in some cases. In many cases, you must work with expert witnesses as well. To maximize your chances of obtaining the compensation that you rightfully deserve, relying on the experience and skill of a seasoned wrongful death lawyer is necessary.
At Tatum & Atkinson, PLLC – The Heavy Hitters®, we are well-versed in handling wrongful death cases in North Carolina. We will work diligently to pursue and win the maximum possible compensatory award that best acknowledges the value of your loved one’s life. We know that no monetary compensation will ever be able to undo this tragic loss, but we can help relieve the financial burden you face and offer your family much-needed comfort and financial security.
Call us today at 800-529-0804 or send us a message online to schedule your free case consultation.
