Editorial Note: We earn a commission from partner links on Forbes Advisor. Commissions do not affect our editors' opinions or evaluations.
Losing someone you love due to someone else’s negligence is painful and upsetting. If you are in this position, you have rights.
If you want to bring a lawsuit against someone who caused the death of a family member or loved one, you’ll want a good attorney on your side. Here are some of the best wrongful death attorneys in Charlotte.
Why you can trust Forbes Advisor Legal
Personal Injury
Show Summary
Best Wrongful Death Accident Attorneys in Charlotte
Edward G. Connette III
NC Bar Association Status
Active
Year Admitted to NC Bar
Law School Attended
University of North Carolina School of Law
Why They Made Our List
Notable Facts and Recognitions
Practice Areas
Fred W. DeVore III
NC Bar Association Status
Active
Year Admitted to NC Bar
Law School Attended
Wake Forest University School of Law
Why They Made Our List
Notable Facts and Recognitions
Practice Areas
Charles Ali Everage
NC Bar Association Status
Active
Year Admitted to NC Bar
Law School Attended
Georgetown University Law Center
Why They Made Our List
Notable Facts and Recognitions
Practice Areas
James E. Ferguson II
NC Bar Association Status
Active
Year Admitted to NC Bar
Law School Attended
Columbia Law School
Why They Made Our List
Notable Facts and Recognitions
Practice Areas
Ann Groninger
NC Bar Association Status
Active
Year Admitted to NC Bar
Law School Attended
Tulane University Law School
Why They Made Our List
Notable Facts and Recognitions
Practice Areas
Jennifer Michelle Houti
NC Bar Association Status
Active
Year Admitted to NC Bar
Law School Attended
Duke University School of Law
Why They Made Our List
Notable Facts and Recognitions
Practice Areas
Chris M. Kallianos
NC Bar Association Status
Active
Year Admitted to NC Bar
Law School Attended
University of North Carolina School of Law
Why They Made Our List
Notable Facts and Recognitions
Practice Areas
Viral V. Mehta
NC Bar Association Status
Active
Year Admitted to NC Bar
Law School Attended
Wake Forest University School of Law
Why They Made Our List
Notable Facts and Recognitions
Practice Areas
Charles G. Monnett III
NC Bar Association Status
Active
Year Admitted to NC Bar
Law School Attended
University of North Carolina School of Law
Why They Made Our List
Notable Facts and Recognitions
Practice Areas
Paige L. Pahlke
NC Bar Association Status
Active
Year Admitted to NC Bar
Law School Attended
The University of Iowa College of Law
Why They Made Our List
Notable Facts and Recognitions
Practice Areas
Compare Our Top Attorneys
Filing a Wrongful Death Lawsuit in North Carolina
Unfortunately, the legal system can’t give you the one thing you want most—your loved one alive and healthy. However, you can hold the person or organization that caused their death responsible.
Wrongful death cases do not carry the potential of jail time, although the same incident may have a criminal trial, as well. Instead, civil courts can award economic damages.
North Carolina Statute of Limitations for Wrongful Death Cases
The statute of limitations refers to how long you must bring a lawsuit. In North Carolina, the statute of limitations for wrongful death is two years from the date of death. If you think you may be outside this statute of limitations, speak to a North Carolina attorney as soon as possible to discuss your options.
North Carolina Wrongful Death Laws
North Carolina has several important laws regarding wrongful death claims to be aware of.
- Only personal representatives can bring wrongful death lawsuits. In some other states, family members can file wrongful death suits. However, in North Carolina, the only person who can file such a lawsuit is the estate’s court-appointed personal representative (or executor).
- Punitive damages may be awarded. Economic damages are intended to pay for expenses arising from the death. This may include medical bills, funeral expenses, and loss of the deceased’s income. North Carolina also allows punitive damages, which are intended as a punishment. These damages are not awarded in all cases; they can be awarded if the judge or jury determines that the death was caused by “malice or willful or wanton conduct.”
- Limitations on recoverable medical expenses. North Carolina law states that hospital and medical expenses can be recovered only up to $4,500 or 50% of their cost, whichever is smaller. This amount is calculated after deducting attorneys’ fees.
Wrongful Death Settlement Considerations
There are several important considerations to remember about your wrongful death case.
- Most wrongful death lawsuits end in a settlement. The settlement amount can vary dramatically from case to case, and it’s impossible at the outset to provide an exact number. However, having an experienced wrongful death lawyer can often result in a higher settlement.
- Payouts might be either a lump sum or a structured settlement. This is decided on a case-by-case basis during the trial or settlement process.
- Payouts probably won’t be taxed at the state level, but they might at the federal level. Most wrongful death awards are non-taxable in North Carolina. However, punitive damages may be taxable at the federal level. Consult a tax attorney or an accountant to determine how this applies to your case.
- Attorneys are normally paid on a contingency basis. Most wrongful death attorneys in North Carolina work on a contingency basis, meaning that you don’t have to pay if you don’t win your case. In North Carolina, attorneys’ fees can be 25 to 40% or even higher. Ensure you know what you will pay if the attorney wins your case.
How Can an Attorney Help You?
North Carolina does not require an attorney for a wrongful death lawsuit, but it is in your best interest to have one. These cases are very complicated, and the amount of your settlement or verdict depends on the strength of your case. An attorney can assist you in the following ways:
- Ensuring that paperwork is filed correctly. There is a huge amount of paperwork involved in this sort of process, with multiple deadlines and filing requirements. A lawyer can help you make sure that things are filed correctly and in a timely manner.
- Answering questions. You are bound to have questions along the way. Your attorney will be able to provide answers, taking into consideration the specifics of your case.
- Negotiating a settlement. Most wrongful death cases end in a settlement rather than a verdict. However, the settlement amount can be negotiated. Your attorney will have experience in this sort of negotiation and help you get the maximum amount possible.
- Representing you in court. If your case does wind up in front of a judge or jury, your lawyer will serve as your representative to argue your case.
How To Find the Best Wrongful Death Lawyer in Charlotte, NC
Although there’s no single best attorney, it’s important to find someone who you feel comfortable working with and whom you can trust. Here are some considerations when choosing a lawyer.
- Ask for recommendations. Someone you know may have been in a similar situation. Ask who they used as an attorney, and whether they would recommend them or not. Social media makes it easy to tap into extended networks to find a recommended lawyer.
- Look for someone with experience in cases like yours. Different attorneys have different areas of focus and experience. Try to find an attorney (or a law firm) who has previously represented cases like yours.
- Don’t ignore your gut feeling. You will be working with your lawyer for a long time. It’s important that you feel comfortable with them. If you get a bad feeling about an attorney, keep looking.
Methodology for Finding the Best Charlotte Wrongful Death Attorneys
To come up with the best wrongful death lawyers in Charlotte of 2024, Forbes Advisor considered many factors. Forbes Advisor’s mathematical analysis considers and weighs the information collected to calculate a specific rating and reviews these results to find the best attorneys in a given practice area.
Within the model, we take into account factors that legal professionals and consumers value in an attorney’s qualifications. After assigning weighted scores to hundreds of data points, we narrowed the field down to our top choices based on:
- Legal experience
- Special licenses and certifications
- Ethics and bar disciplinary measures
- Legal thought leadership
- Education and employment background
- Scholarly lectures and writings
- Awards and honors
Forbes Advisor collects public data from a variety of sources, including state bar associations, court records and other published sources on the internet. However, this information should not be considered comprehensive. It might not include additional relevant information on an attorney’s legal skills and experience.
Each lawyer listed here has their own merits. Bear in mind that our list relates to these lawyers’ legal backgrounds but does not evaluate their personalities or their knowledge of the law. One attorney may be more suitable than another for your specific legal situation.
One thing that can’t be quantified, though, is the rapport you establish with your attorney. Personality goes a long way when teaming up with an attorney, especially when going through a potentially difficult legal situation. These rankings should serve as a reference and potential starting point in your search for the right lawyer for you and your legal concerns.
Frequently Asked Questions (FAQs) About Charlotte Wrongful Death Laws
How are wrongful death awards calculated in North Carolina?
Who is entitled to the proceeds of a wrongful death case in North Carolina?
Where does the money come from in wrongful death settlements?
Next Up In Legal
Information provided on Forbes Advisor is for educational purposes only. Your financial situation is unique and the products and services we review may not be right for your circumstances. We do not offer financial advice, advisory or brokerage services, nor do we recommend or advise individuals or to buy or sell particular stocks or securities. Performance information may have changed since the time of publication. Past performance is not indicative of future results.
Forbes Advisor adheres to strict editorial integrity standards. To the best of our knowledge, all content is accurate as of the date posted, though offers contained herein may no longer be available. The opinions expressed are the author’s alone and have not been provided, approved, or otherwise endorsed by our partners.
Advertising paid for by participating attorneys in a joint advertising program, including attorneys licensed to practice law only in California. A complete list of joint advertising attorneys can be found here.
Contributor
Jessica Burgoyne, leveraging a deep background in research methods and a passion for legal issues, distills complex legal concepts into accessible insights. With over 100 published articles, her work has been featured in Forbes Advisor and other respected publications. Her work, underpinned by rigorous research and a commitment to quality, offers readers trustworthy, actionable information.
Most Popular
Comments / 0