Charlotte Wrongful Death Attorney | Fatal Accident Lawyer NC

Wrongful Death Claims in North Carolina and Florida: Who Can Sue and What Can Be Recovered

When a person is killed as a result of another party's negligence, intentional misconduct, or defective product, the law provides their surviving family members with the right to bring a wrongful death lawsuit to recover compensation for their losses. Wrongful death claims are fundamentally different from other personal injury claims — because the victim has died, it is the estate and surviving family members who bear the loss, and the law attempts to compensate them for both the objective financial losses they have suffered and the subjective, deeply personal losses of companionship, guidance, and love.

In North Carolina, wrongful death claims are governed by N.C.G.S. § 28A-18-2 and must be brought by the personal representative of the deceased person's estate — typically a family member appointed by the clerk of court. The statute of limitations is two years from the date of death. North Carolina allows recovery for several categories of damages: medical and funeral expenses; pain and suffering experienced by the deceased before death (these are called "survival" damages); the present monetary value of the deceased's future net earnings; loss of services, protection, care, and assistance; and loss of companionship and consortium. Punitive damages may also be available when the wrongful act constituting the cause of death was accompanied by fraud, malice, or willful or wanton conduct — for example, in drunk driving deaths or workplace deaths resulting from intentional safety violations.

Florida's wrongful death statute (Fla. Stat. § 768.16-768.26) defines who may bring a wrongful death claim and what types of damages each type of survivor may recover. The personal representative of the estate brings the claim, but the beneficiaries — surviving spouse, children, parents, and in some cases other relatives who were dependent on the deceased — are the parties whose losses are being compensated. Florida allows recovery for loss of support and services, loss of companionship and guidance (especially for minor children and surviving spouses), mental pain and suffering of surviving family members, and loss of the decedent's net accumulations (the portion of the deceased's estate that beneficiaries would have inherited). Florida's statute has specific rules governing recovery by different types of survivors and applies different measures of damages depending on whether the deceased was a minor or adult.

Common causes of wrongful death handled by Vasquez Law Firm include fatal car, truck, and motorcycle accidents; workplace fatalities; construction site deaths; medical malpractice resulting in death; defective product deaths (including vehicle defects, appliance fires, and pharmaceutical injuries); and fatal premises accidents such as pool drownings and structural collapses. Each type of case involves different liable parties, evidence, and legal strategies. Our wrongful death attorneys have the resources to retain accident reconstruction experts, medical experts, forensic economists, and other specialists needed to build a comprehensive case that captures the full value of your family's losses.

Losing a family member to someone else's negligence is an experience of profound grief, and we approach wrongful death representation with the sensitivity and respect these cases demand. Our attorneys handle all the legal complexities so families can focus on healing, and we fight relentlessly to achieve justice and accountability on behalf of those who can no longer speak for themselves. Vasquez Law Firm serves families throughout North Carolina and Florida. Contact us for a free, confidential consultation — there is no obligation, and we handle wrongful death cases on a contingency fee basis.