Losing a family member is devastating, and learning that the death was caused by someone else’s negligence makes the loss even harder to bear. If you lost a loved one in Durham or anywhere in Durham County, the Durham wrongful death attorneys at Portner & Shure are here to help your family seek justice and accountability. We have represented grieving families across North Carolina for more than 30 years.
How a Wrongful Death Claim Works in North Carolina
Under North Carolina law (N.C. Gen. Stat. § 28A-18-2), a wrongful death claim is brought by the personal representative of the deceased person’s estate, not by family members individually. Any recovery is then distributed to the surviving family under the state’s Intestate Succession Act. Because the process runs through the estate, it helps to have an attorney guide the family from the very start.
Accidents That Often Lead to a Wrongful Death
The mix of interstate and busy surface-street traffic around Durham makes some intersections especially dangerous. Many of the fatal incidents we see in the Durham area arise from:
- Car, truck, and motorcycle collisions, often on I-40, I-85, and the Durham Freeway (NC-147)
- Pedestrian and bicycle crashes
- Slip-and-fall and other unsafe-property incidents
- Medical negligence and nursing home neglect
- Defective or dangerous products
Damages a North Carolina Family May Recover
North Carolina allows the estate to pursue compensation meant to reflect the true scope of the loss, which may include:
- Medical expenses related to the final injury or illness
- Funeral and burial costs
- The deceased person’s pain and suffering before death
- Lost income and the value of services the loved one provided
- The loss of the loved one’s care, companionship, comfort, and guidance
Putting a value on a life is never simple. We often work with economists and other experts to document the full financial and personal impact of the loss.
North Carolina’s Contributory Negligence Rule
North Carolina follows a strict contributory negligence rule. If the defense can show the person who died was even slightly at fault, it can bar the family’s recovery entirely. This is one of the harshest standards in the country, and it is exactly why insurers work so hard to shift blame onto the victim. Careful investigation and a clear presentation of the facts are essential to protect your claim.
How Long Do We Have to File? North Carolina’s Statute of Limitations
In North Carolina, a wrongful death lawsuit generally must be filed within two years of the date of death (N.C. Gen. Stat. § 1-53(4)). Deadlines can be complicated when an estate must first be opened, so it is wise to speak with an attorney sooner rather than later. Claims in Durham County are generally pursued through the Durham County Courthouse.
When Times Are Hardest, Count On Us
Insurance companies defend wrongful death claims aggressively because they often involve significant compensation. You should not have to face their lawyers alone while grieving. Our team handles the investigation, the paperwork, and the negotiations so your family can focus on healing. We work on a contingency basis, which means there is no fee unless we recover for you.
We Can Help If English is Not Your First Language
Our firm serves a diverse community, and we have team members who speak Spanish and Korean. We can discuss your case in a language you are comfortable with so nothing is lost in translation.
Contact Our Durham Wrongful Death Attorneys Today
If your family lost a loved one to negligence in Durham or anywhere in Durham County, contact Portner & Shure for a free, confidential consultation. There is no fee unless we recover compensation for you.
Other Injury Cases We Handle in Durham
- Durham Car Accident Lawyers
- Durham Truck Accident Lawyers
- Durham Motorcycle Accident Lawyers
- Durham Personal Injury Lawyers
- Durham Premises Liability Lawyers
- Durham Pedestrian Accident Lawyers
- Durham Bicycle Accident Lawyers
- Durham Dog Bite Lawyers
- Durham Brain Injury Lawyers
- Durham Spinal Cord Injury Lawyers
- Durham Medical Malpractice Lawyers
- Durham Nursing Home Abuse Lawyers
- Durham Bus Accident Lawyers
