Losing a loved one unexpectedly is devastating, especially when someone else’s actions caused their death. If you’re navigating this difficult time, you may be overwhelmed with grief, questions, and uncertainty about what comes next. That’s where we come in.
At Mehta & McConnell, PLLC, our Charlotte-based wrongful death attorneys are here to help you make sense of the legal process and pursue justice for your loss. We’re not just experienced advocates. We’re former insurance defense attorneys who know how the other side thinks. We use that knowledge to level the playing field for families like yours.
This guide will walk you through the elements of a wrongful death claim, what you’ll need to prove, and how long you have to file your claim. If you believe your loved one’s death was caused by negligence, understanding your rights is the first step toward accountability and healing.
What Are the Wrongful Death Elements?
To succeed in a wrongful death lawsuit in North Carolina, you must prove that another party’s negligence caused the death. You need to demonstrate that the defendant failed to act as a reasonable person would under similar circumstances and that their actions (or inaction) caused your loved one’s death.
There are four essential elements of a wrongful death claim.
Duty
The first element is the existence of a legal duty. This element means the defendant owed your loved one an obligation to act with reasonable care.
The nature of this duty depends on the context. Examples of duties include:
- A driver has a duty to follow traffic laws and avoid harming others on the road,
- A doctor has a duty to provide medical care that meets professional standards, and
- A business owner has a duty to inspect their premises and correct or warn of any safety hazards.
This foundational element establishes that a relationship existed that required the defendant to act responsibly. Without a duty, there is no basis for a claim.
Breach of Duty
Once you establish that a duty existed, you must show that the defendant breached that duty. A breach occurs when someone fails to meet their legal obligations through action or inaction.
For example, breach of duty can occur when:
- A driver texts while driving and causes a crash;
- A surgeon operates on the wrong body part;
- A nursing home staff member ignores a resident’s medical needs; or
- A property owner fails to fix a known hazardous condition.
The key is demonstrating that a reasonable person in the same situation would have acted differently. Proving this often requires expert opinions, accident reconstruction, and investigation into protocols and industry standards.
Breach of duty is often the most contested element in wrongful death litigation, especially when the facts are complex or there’s no clear admission of wrongdoing. That’s why having an attorney with investigative resources and experience is critical.
Causation
After proving a breach, the next step is to show causation, which is the link between the defendant’s conduct and your loved one’s death.
For instance, if a speeding driver runs a red light and hits a pedestrian, the link between the speeding (breach) and the fatal injury (death) may be straightforward. However, some cases may involve multiple contributing factors or delayed effects, making causation harder to establish.
This element can be complex, especially in medical or product liability cases where the injury unfolds over time. Proving causation may require medical records, expert testimony, and a careful review of timelines and contributing events.
Damages
The last wrongful death element to prove is damages. A successful wrongful death claim must include proof of the losses that resulted from your loved one’s death. These damages are what the estate seeks to recover on behalf of surviving family members.
Common damages in a wrongful death case include:
- Funeral and burial costs;
- Loss of income or earning potential of the deceased;
- Loss of services, companionship, care, or guidance;
- Emotional pain and suffering of survivors; and
- Loss of inheritance or retirement benefits.
It’s important to remember that damages in North Carolina wrongful death claims are distributed according to intestate succession laws. An experienced attorney can help ensure that damages are calculated and properly pursued.
How Do I Prove a Wrongful Death Claim?
Proving a wrongful death claim involves gathering strong, admissible evidence. Your attorney may rely on:
- Police or accident reports,
- Eyewitness statements,
- Surveillance footage,
- Medical records and expert opinions,
- Employment or income records, and
- Testimony from family members or caregivers.
An experienced North Carolina wrongful death lawyer will know what evidence to prioritize and how to present it effectively in negotiations or at trial.
What Are Common Scenarios That Lead to Wrongful Death Claims?
Wrongful deaths can occur in nearly any situation where another person or company acts carelessly or recklessly. Some of the most common causes include:
- Car, truck, or motorcycle accidents;
- Traumatic brain injuries;
- Rideshare accidents;
- Pedestrian accidents; and
- Construction accidents.
If your loved one died in any of these circumstances, you may have grounds to file a claim.
What If the Decedent Was Partially at Fault?
North Carolina follows a contributory negligence rule. If your loved one was slightly at fault for the accident (even 1% at fault), their estate may be barred from recovering damages.
Because this rule is so strict, wrongful death cases often face challenges. A Charlotte wrongful death attorney can help evaluate the facts and push back against unfair blame.
How Long Do I Have to Bring a Wrongful Death Claim in North Carolina?
North Carolina imposes a two-year statute of limitations on wrongful death claims. The estate must file the lawsuit within two years of the date of death. Missing the deadline can permanently bar your claim, so it’s best to consult an attorney as soon as possible.
Contact a North Carolina Wrongful Death Lawyer
Losing a loved one because of someone else’s actions is painful and often deeply unjust. During this grief, you may also be facing mounting expenses, unanswered questions, and the difficult decision of whether to take legal action.
At Mehta & McConnell, PLLC, we’re here to ease that burden. Our 30 years of combined experience and history as former insurance defense attorneys allow us to bring a unique perspective to every case. This insider knowledge helps us build strong, strategic cases that anticipate the opposition’s arguments and tactics.
When you work with us, you’ll speak directly with an attorney, not a paralegal or case manager. We believe your case deserves our full attention, and we’re committed to keeping you informed and supported at every stage.
If you’re ready to speak with someone who understands the legal and emotional weight of a wrongful death case, we’re prepared to help. Contact us today for a free, no-obligation consultation.
Mehta & McConnell Injury Lawyers
Mehta & McConnell, PLLC was founded in 2021 to represent individuals who are injured at work or due to the negligence of someone else. Both of our attorneys began their careers as defense attorneys representing large corporations and insurance companies, but we now only represent injured individuals.
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