North Carolina Wrongful Death Drunk Driving Accident Lawyer

Key Highlights:

• A North Carolina fatal drunk driving accident makes it possible for the person responsible for the accident to be sued not only criminally but also for wrongful death in a civil court.
• In cases of Wrongful death after DUI accident, the person filing the claim is normally the personal representative of the estate.
• A North Carolina drunk driving wrongful death claim can include funeral expenses, medical costs, loss of wages, loss of society, and punitive damages.
• A Civil lawsuit against drunk driver can continue even in the event of no criminal charges being filed against the driver.
• A North Carolina wrongful death drunk driving accident lawyer can assist in securing evidence, dealing with insurance companies, and meeting deadlines.

Yes. If your relative has been killed due to a drunk driving accident in North Carolina, you can sue for wrongful death. This is a civil lawsuit that is separate from any DUI charges filed against the drunk driver.

I’m Robert Tatum, and I am a lawyer at Tatum & Atkinson Law Firm. For the past decades, since 2005, as a veteran-owned law firm, we have over 65 years of experience representing the families of North Carolina who were victims of drunk driving accidents.

You will only pay the attorneys’ fees if you are compensated; the initial consultation is free. Give us a call at (800) 529-0804.

When Does A Drunk Driving Death Become A Wrongful Death Case?

A case of wrongful death can be brought about if an individual’s wrongful act, neglect, or default causes the death of another. North Carolina’s wrongful death statute, N.C.G.S. § 28A-18-2, allows such a claim if the deceased was in a position to sue for personal injuries before their death.

In layman’s language, the deceased’s family can bring a case where the drunk driver caused the accident that led to the death.

A fatal DUI accident lawsuit NC may be made up of accident reports, blood alcohol level, chemical testing, eyewitnesses, videos, accident reconstruction, and insurance coverage.

Steps That the Family Should Consider Taking after the Loss of a Loved One in a DUI Accident

For most families, the first week after an auto accident that results in a loss of life due to drunk driving is full of trauma and sorrow, but it is also full of decisions that need to be made, which can influence the future case significantly.

Get a Police Report

By requesting a police report, the family documents the process of what happened, when it happened, and the conditions under which it occurred, such as officers’ findings, the identity of the driver involved, and citations written at the scene of the accident.

Collect the Evidence and Witnesses’ Information

Collect as much evidence and information about the witnesses as possible, including their contact information, videos, and photographs. This evidence can be lost quickly, and therefore collecting it will give a greater chance to prove fault in the future.

Do Not Talk to the Insurance Company

Before contacting the insurance company of the driver who caused an accident, the family should consult with a lawyer. The insurer tries to minimize payments using initial statements.

Record Expenses and Probate the Estate

Maintain comprehensive records on all expenses related to the funeral, medical expenses, and lost wages resulting from the wrongful death. In addition, a personal representative must be nominated by probating the estate for the wrongful death lawsuit to proceed.

The Need to Engage a Lawyer Immediately

Engaging an expert in wrongful deaths in North Carolina at the very beginning ensures that evidence is preserved and that the family does not forfeit their right to claim compensation.

Criminal Case Versus Civil Case

In a criminal proceeding, the charges are brought by the state. This may result in jail time, a fine, license revocation, or felony death by vehicle North Carolina, which comes under North Carolina Felony, G.S. 20-141.4.

The civil case is filed by the family estate to recover for the loss suffered by the family members.

Who Is Permitted To File The Lawsuit In North Carolina?

Under the laws of North Carolina, the personal representative or administrator of the estate of the deceased person is usually responsible for filing the wrongful death action on behalf of the survivors. A representative may be appointed by the will. Otherwise, the appointment would be made by the court.

The claim will be pursued for the benefit of the surviving relatives and statutory beneficiaries. For this reason, it is unlikely that each member of the family would pursue an individual lawsuit.

Parties That Can Be Sued for the Damage Done

While the drunk driver is typically the main party being sued in almost all cases, there are some conditions under which the laws in North Carolina allow for suing other people.

The Drunk Driver

In almost all cases, the drunk driver who caused the death is always the main party being sued. The amount of alcohol in their body, their driving record, and their behavior at the scene of the accident are what the lawsuit is based on.

Bars and Restaurants That Sold Alcohol

Bars and restaurants that sold alcohol to an intoxicated person or to a minor are liable under the dram shop laws in North Carolina if the alcohol can be directly linked to the accident.

Employer of the Drunk Driver

If the drunk driver was using his company car or working for his company when he caused the accident, then the employer can also be a part of the liability.

Vehicle Owners Who Allow Driving

The owner of the vehicle who knew that an intoxicated individual would be driving his vehicle was also liable in this case, especially when he had already known that the driver had been drinking alcohol before handing the keys to him.

Proof of Third-Party Liability

Third-party liability can be proven by demonstrating the visible intoxication of the individual who was served alcohol, proving that the person who was served is underage, or showing the link between the served alcohol and the accident. 

It is important to know who the possible responsible parties are because this will allow access to more insurance policies. The wrongful death lawyer usually conducts research before filing the lawsuit.

What Will Be The Impact Of Drunk Driving On The Case?

As the impairment of a motorist is associated with his/her reckless actions, drunk driving may have some effect on the outcome of the case.

North Carolina follows contributory negligence very strictly. The claimant will not be able to recover anything if the claimant is found even slightly negligent in causing the accident in most personal injury lawsuits. But this might not apply in the case of a drunk driver.

Punitive Damages Can Be Awarded

Punitive damages are awarded as punishment for reckless actions. Punitive damages in North Carolina are usually limited, but not where the injury or death was caused by impairment. See N.C.G.S. 1D-26.

This is important in your drunk driving accident because you could be entitled to punitive damages in addition to your other damages.

How Evidence in a Fatal DUI Case Will Impact Your Wrongful Death Case

Not only will evidence collected by a DUI wrongful death attorney North Carolina prove the facts of the case, but the evidence will have a direct bearing on the viability of the wrongful death case and the value of the claim itself.

Evidence that Will Be Gathered During the DUI Investigation

• Police crash reports
• 911 call records
• Blood alcohol content (BAC)
• Chemical test results
• Body cam and police dash cam footage
• Statements from witnesses
• Phone cell tower data
• Accident reconstruction report
• Medical and autopsy reports
• Restaurant/bar service records

The Effect of Evidence on the Outcome of the Case

1. Toxicology and accident report data can clearly establish fault in a case, avoiding insurance company contention
2. Promptness in collecting evidence ensures that the evidence does not get deleted
3. Thorough evidence gathering may increase the value of the settlement, including punitive damages

What a Family Can Get in North Carolina Wrongful Death Compensation

The following is the compensation for fatal drunk driving accident you can get:

The consequences of a fatal drunk driving crash leading to death can also be related to insurance problems, since it is likely that there would not be enough insurance, or even none at all. The family might have to check into their options regarding uninsured or underinsured motorists’ coverage.

A  fatal alcohol-related car accident lawyer can help find every avenue available for compensation, not just the drunk driver’s auto insurance.

Insurance Concerns That Could Potentially Influence an Insurance Claim Due to a Drunk Driving Fatality

After liability has been established, actually collecting on an insurance claim following a fatality caused by drunk driving could potentially be the challenging part of the situation.

No or Minimum Insurance Policy

The liable party might not have any insurance or just the minimum required by the state, which is seldom enough to cover all expenses in the case of wrongful death claims.

Insurance Disputing Validity of Claim or Delay

Some insurance companies dispute the validity of the claim or cause unnecessary delays, hoping that the aggrieved parties will end up accepting less money due to time pressures.

Uninsured or Underinsured Motorist Coverage

Uninsured and underinsured motorist coverage may be included in many North Carolina auto insurance policies. A careful review of the deceased person’s own insurance policy can disclose other coverages of which the family may not have been aware.

Premature Settling

Settling a claim prematurely without proper calculation of all the expenses can end up costing the family much less money than what they actually deserve.

A wrongful death lawyer in North Carolina can find all the possible insurance policies that apply, not only the drunk driver’s, to ensure maximum possible compensation for all the involved parties.

What Missteps Should a Family Be Careful To Avoid After a Fatal Car Accident?

Insurers may contact you soon after a fatal accident occurs. They may seem friendly, while others may try to persuade the victims to give statements on the record or sign documents to settle a claim before realizing the extent of damages.

Avoid giving a statement on the record, signing wide-ranging releases, making the case details public online, waiting for the criminal case to end, and failing to proceed with the estate.

Importance of Time

The claims of wrongful death in North Carolina should be initiated within two years after the victim’s death, according to G.S. 1-53. If you delay the claim, then it may lessen the chance of you getting any compensation.

How a Wrongful Death Drunk Driving Accident Attorney Can Help You

It is not easy to pursue wrongful death claims when you are grieving. Your attorney takes care of all the legal proceedings and makes it possible for you and your family to mourn without any hassles and confusion.

Accident Investigation

The attorney ensures that an accident investigation is done promptly, with the collection of important pieces of evidence like dash camera recordings and toxicology reports, which otherwise become unattainable, to lay a solid foundation for your wrongful death claim.

Insurance and Filing Deadlines 

Your attorney deals with all insurance companies, determines all relevant policies, and keeps track of every deadline. This way, the family gets their fair share of the compensation without getting stressed out.

Evaluation of the Total Value of the Claim 

The attorney knows all types of damages that can be recovered through your case, from burial expenses to medical costs, lost earnings, and pain and suffering.

Why Should You Consider Tatum & Atkinson Law Firm?

Tatum & Atkinson Law Firm is a veteran-owned law firm with many years of experience representing people in North Carolina. There are free consultations, and there are no up-front costs unless a settlement is obtained.

Death from a Drunk Driving Accident in North Carolina, Contact Tatum & Atkinson Law Firm

You can get a legal consultation for yourself and your family if you are going through a hard time due to the loss of a close one from a car accident caused by a driver under the influence of alcohol from Tatum & Atkinson Law Firm. 

Our legal experts have the experience of helping people in North Carolina in dealing with their right to compensation after an accident. The first consultation is free of charge, and you will pay the lawyers’ fees only if you get any compensation.  Give us a call at (800) 529-0804.

FAQ About North Carolina Wrongful Death Drunk Driving Claims!

Can a family file a wrongful death claim if the drunk driver was not convicted of DUI?

Yes, definitely. A family can duly file a wrongful death claim even if the drunk driver was not convicted of DUI charges. Since the standard of proof differs in both the civil case and the criminal case, a conviction is not necessary in a civil case.

Can multiple family members receive compensation after a fatal drunk driving accident in North Carolina?

Yes. In the case of multiple family members receiving compensation after a fatal drunk driving accident, the claim can be filed by the estate agent, and the compensation will be distributed among the beneficiaries as per North Carolina law.

What happens if the drunk driver has no insurance or not enough coverage?

In the case where the drunk driver has no insurance or not enough coverage, then in that case, the family can file a claim against any type of insurance, personal property, or persons responsible for the accident.

Can a family sue a bar, restaurant, or person who served alcohol to the drunk driver in North Carolina?

Yes. These types of cases are based on alcohol service, intoxication, age, evidence, and causation. Hence, a family can actually sue a bar or a restaurant or any person who has served the alcohol to the drunk driver in the state of North Carolina.

How long does a wrongful death lawsuit typically take after a fatal DUI crash in North Carolina?

It actually depends. Though it may sometimes be done in a few months, in some cases it may take longer. So many other factors at play decide how long a wrongful death lawsuit is typically going to take after a fatal DUI accident in the state of North Carolina.