Greensboro Wrongful Death Lawyer
Experienced and Compassionate Wrongful Death Attorneys in Greensboro, NC
Losing a loved one unexpectedly due to the negligence or wrongful act of another is a devastating experience. Beyond the emotional toll, families often face significant financial burdens and complex legal challenges. At Roane Law, our experienced wrongful death attorneys in Greensboro, NC, understand the profound grief you are experiencing and are dedicated to helping you seek justice and obtain the compensation your family deserves.
Attorney James M. Roane has extensive experience handling wrongful death cases throughout North Carolina, including Greensboro, High Point, Burlington, Lexington, and across the Piedmont Triad and beyond. He is committed to providing compassionate legal support while aggressively advocating for your rights.
Why Choose Roane Law for Your Wrongful Death Case?
- Proven Experience: Attorney James M. Roane has successfully tried wrongful death cases in Guilford County and other jurisdictions across North Carolina.
- Recognized Excellence: He holds a 10.0 Superb rating on Avvo and has received an AV Preeminent® rating from Martindale-Hubbell®, signifying the highest level of legal ability and ethical standards.
- Membership in Prestigious Legal Groups: Active membership in the American Association for Justice and the Multi-Million Dollar Advocates Forum® reflects a commitment to trial advocacy and achieving significant results for clients.
- Personalized Attention: We understand that every wrongful death case is unique and treat each client with the respect, dignity, and compassion they deserve during such a difficult time.
- Dedication to Justice: Our goal is not just to secure compensation but to hold negligent parties accountable and help prevent similar tragedies from occurring in the future.
Navigating a wrongful death claim requires a deep understanding of North Carolina law and a skilled legal hand. Don’t risk your family’s future with inexperienced representation. Roane Law has the knowledge, resources, and dedication to effectively manage your case.
If you are ready to discuss your case and learn about your legal options, contact our firm today for a free consultation.
Understanding Wrongful Death Cases in North Carolina
What Constitutes Wrongful Death in NC?
In North Carolina, a wrongful death claim arises when a person’s death is caused by the negligence, wrongful act, omission, or default of another party. This could be an individual, a company, or a government entity. Common causes of wrongful death include:
- Car, truck, and motorcycle accidents
- Medical malpractice
- Workplace accidents
- Defective products
- Premises liability incidents (like slip and falls)
- Intentional acts
- Nursing home abuse and neglect
Legally, a wrongful death lawsuit is a civil action brought by the deceased person’s estate to recover damages that the deceased could have pursued had they survived.
Who Can File a Wrongful Death Claim in North Carolina?
North Carolina law ($G.S. 28A-18-2$) stipulates that only the personal representative (also known as the executor) of the deceased person’s estate has the legal standing to file a wrongful death lawsuit. This is true even though the compensation recovered benefits the deceased’s legal heirs, not necessarily those named in a will.
The distribution of any settlement or judgment in a wrongful death case is governed by North Carolina’s Intestate Succession Act, regardless of whether the deceased had a will. This means the deceased’s legal heirs, as defined by state law, are the beneficiaries. This can sometimes lead to complex situations, as legal heirs may include individuals who were not closely connected to the deceased. Your attorney can explain how intestate succession laws apply to your specific case.
Recoverable Damages in a Wrongful Death Lawsuit
While no amount of money can ever replace your loved one, a wrongful death claim seeks to provide financial compensation for the losses suffered as a result of their untimely death. In North Carolina, recoverable damages may include:
- Medical expenses: Costs associated with the deceased’s final injury or illness, prior to death.
- Funeral and burial expenses: Reasonable costs for the deceased’s funeral and burial or cremation.
- Lost future income and benefits: The income and benefits the deceased would have likely earned over their lifetime had they survived.
- Loss of inheritance: The value of the estate the deceased would have accumulated and passed on to their heirs.
- Loss of companionship, comfort, guidance, and support: The intangible losses suffered by surviving family members due to the absence of their loved one.
- Pain and suffering of the deceased: Compensation for the physical pain and mental suffering experienced by the deceased from the time of injury until death.
- Punitive damages: In cases where the death was caused by malicious, willful, or wanton conduct, punitive damages may be awarded to punish the wrongdoer and deter similar behavior.
Generally, any recovery in a wrongful death case is not considered an asset of the deceased’s estate for the purpose of paying their debts, offering some protection to the beneficiaries.
The Statute of Limitations for Wrongful Death Claims in NC
It is critical to understand that there is a strict time limit for filing a wrongful death lawsuit in North Carolina, known as the statute of limitations. In most cases, you have two years from the date of the deceased’s death to file a claim. If you miss this deadline, you will likely lose your right to seek compensation entirely.
Building a strong wrongful death case takes time. It involves a thorough investigation, gathering crucial evidence such as medical records, incident reports, witness statements, and expert opinions. This is particularly true in complex cases like medical malpractice or nursing home wrongful death claims, which often require review by medical experts. Contacting an attorney as soon as possible after the death allows ample time to build your case effectively.
How Roane Law Fights for Your Family
Wrongful death cases are legally and emotionally challenging. Our team at Roane Law is here to handle the complexities of the legal process so you can focus on healing. We will:
- Conduct a comprehensive investigation into the cause of death.
- Identify all potentially liable parties.
- Work with experts (medical, financial, etc.) to build a strong case.
- Gather and preserve critical evidence.
- Negotiate with insurance companies and opposing counsel on your behalf.
- Represent you fiercely in court if a fair settlement cannot be reached.
We understand the tactics insurance companies and defense teams often employ, especially in cases involving corporations or institutions like nursing homes. We are prepared to counter these strategies and fight for the full compensation you deserve.
Wrongful Death Case Results
Attorney James M. Roane has a proven track record of achieving significant results for clients in serious injury and wrongful death cases. While every case is unique and past results do not guarantee future outcomes, they demonstrate our commitment to fighting for maximum compensation. Some examples include:
$3,800,000
Catastrophic Car Wreck
A young woman and her fiance were hit head-on by a drunk driver who crossed the center line; her fiance died instantly. Trapped in their burning car, she suffered severe burns, resulting in the loss of toes and extensive medical bills. Despite the defense’s denials, we uncovered the drunk driver’s prior history of alcohol treatment. After a year of hard-fought litigation, the case settled for $3.8 million to provide for the young woman’s significant needs.
$4,000,000
Nursing Home Fatality
An elderly woman with Alzheimer’s was going to take a bath, but the hot water heater was broken in the nursing home causing the water to be far too hot. The nursing home literally knew the heater was broken. The management ordered that the gas company “tag out” be taken off and the water heater cut back on. When she got into the tub, she received severe scald burns over the bottom half of her body that lead to her death.
See more of our case results here. We are prepared to leverage our trial experience and resources to pursue the best possible outcome for your family.
Client Testimonials
Our clients’ words speak to the level of dedication and support we provide during their most challenging times:
“James, I cannot express how grateful I was to find you. You not only stood beside me, but you were in front guiding me, protecting me and fighting the fight for me. I honestly do not think that I could have found another Lawyer to fight the battle that you took on.” -Ms. Gregory
“James and his staff from the onset of taking on my case worked diligently with me. They were always available to me when I had questions and even anxieties about my case. James Roane and his team fight with the tenacity, sympathy and empathy that you want in a legal team.” -Stephanie
“They were so professional and polite. They treated me better than a client I felt like they were family and they were genuinely concerned about me and what I was going through and that meant so much to me.” -Monica
See more of our client testimonials here; we are honored to support families through the legal process following a tragedy.
Frequently Asked Questions About Wrongful Death Claims in Greensboro, NC
Here are answers to some common questions about wrongful death cases in North Carolina:
How long does it take to resolve a wrongful death case?
The timeline for a wrongful death case varies greatly depending on the complexity of the case, the willingness of the parties to negotiate, and court schedules. Some cases may settle relatively quickly, while others may go to trial and take several years.
What is the role of the personal representative in a wrongful death claim?
The personal representative is appointed by the court to act on behalf of the deceased's estate. They are responsible for filing the lawsuit, making legal decisions regarding the case in consultation with their attorney, and distributing any recovered funds to the legal heirs according to North Carolina law.
Will I have to go to court?
Not all wrongful death cases go to trial. Many are resolved through negotiation and settlement. However, our team prepares every case as if it will go to court to be ready to litigate if a fair settlement cannot be reached.
How are attorney fees handled in a wrongful death case?
At Roane Law, we handle wrongful death cases on a contingency fee basis. This means you do not pay any attorney fees upfront, and we only get paid if we successfully recover compensation for you through a settlement or verdict.
What if the deceased was partially at fault?
North Carolina follows a strict pure contributory negligence rule. This means that if the deceased is found to be even slightly at fault for the incident that led to their death, their estate and heirs may be barred from recovering any compensation. Investigating liability is a critical part of these cases.
Choose an Experienced Greensboro Wrongful Death Law Firm
Wrongful death cases are complex and demand the expertise of a skilled attorney. Greensboro wrongful death lawyer James Roane and the team at Roane Law have the experience, dedication, and compassion needed to fight for you and your family during this difficult time. We will tirelessly work to hold the responsible parties accountable and seek the justice and compensation you deserve.
Contact us today for a free, no-obligation case review.