Wrongful Death Claims

The loss of a loved one can be devastating to the family left behind. However, for deaths resulting from accidents relating to defective products, individual negligence, or other mistakes, North Carolina Statutes allow the Estate of the deceased to seek compensation from the wrongdoer in a Wrongful Death Claim. The experienced Personal Injury Attorneys of Arnold & Smith, PLLC are fully prepared to represent clients in wrongful death actions and will work with you to obtain full compensation for your losses. Don’t hesitate to contact our office if you believe you may have a claim for Wrongful Death.

In North Carolina, you may be entitled to compensation for your damages and expenses if your loved one has suffered a Wrongful Death. North Carolina law recognizes the following damages and expenses for recovery:

  • Hospital Bills and Medical Expenses
  • Funeral Costs
  • Compensation for Pain and Suffering
  • Loss of Future Earnings
  • Loss of Consortium
  • Loss of Employment Benefits
  • Loss of Inheritance
  • Other General Damages

While your loved one can never be replaced, our talented attorneys will work tirelessly to seek a large financial settlement or verdict to help compensate you for your loss. If you have lost a loved one due to the fault of another, contact our office today to speak with one of Charlotte’s premier attorneys.


Although the suffering from an unsuspected loss can be difficult to overcome, the filing of a Wrongful Death Claim must be filed promptly. Furthermore, successfully initiating a Wrongful Death Claim requires an immense amount of preparation and experience, as the process is highly complex and emotionally taxing. Our attorneys can immediately go to work for you by investigating the accident scene, interviewing witnesses, gathering statements, and developing a powerful case for your compensation. Contact Arnold & Smith, PLLC today to speak with a skilled attorney and begin developing your claim.

If you’ve suffered from a Wrongful Death under any of the following circumstances, the passionate advocates at Arnold & Smith, PLLC are prepared to fight on your behalf:

  • Motor Vehicle Accidents
  • Commercial Vehicle Accidents
  • Trucking Accidents
  • Airplane Accidents
  • Explosions
  • Industrial Accidents
  • Workplace Accidents
  • Defective Products
  • Construction Site Accidents
  • Dangerous Pharmaceutical Products
  • Property Defects
  • Prescription Errors
  • Motorcycle Accidents
  • Drunk Driver Accidents

Contact our office today to schedule an initial consultation. Although the circumstances may be unbearable, speaking with an attorney sooner rather than later can save additional heartache and difficulties resulting from a latent investigation.

Frequently Asked Questions Can Someone Under the age of 18 File a Wrongful Death Claim?

A minor may be able to file a Wrongful Death Claim if he or she is the last remaining member of the immediate family. Often, North Carolina courts will appoint a guardian ad litem to represent the child’s interests.

How Long do I Have Before I Need to File a Wrongful Death Claim?

Wrongful Death Claims must be filed within the Statute of Limitations as provided by North Carolina Statute, which is generally two years from the time of the accident. However, because the time limit may begin running at various times depending on the circumstances surrounding the death, it is imperative that you seek advice from experienced counsel as soon as possible to ensure your loss does not go uncompensated.

Can I Recover Punitive Damages From the Wrongdoers who Caused the Death of my Loved One?

North Carolina Statute provides for punitive damages if the wrongdoer caused the death of the decedent through malice or willful or wanton negligence. These punitive damages are capped by statute and may be triple the amount of compensatory damages, or $250,000, whichever is higher.

Does it Matter if the Deceased was Partially at Fault?

Under North Carolina, an injured party who is partially at fault is considered “contributorily negligent” and is barred from recovering for any injury. However, contributory negligence is a legal issue which may not be apparent from the underlying facts, so contact an attorney to evaluate your claim.

Additional Resources

Contact Arnold & Smith, PLLC for an experienced attorney who can guide you through your Wrongful Death Claim.

The North Carolina Wrongful Death Statute can be viewed here.

The North Carolina Statute permitting punitive damages can be viewed here.

Client Reviews
Arnold & Smith was great. They are always on time for your case, they really know what they are talking about. They are very good about giving you updates on your case. I highly recommend everyone to use Arnold & Smith as your attorney they will make sure you get the best result possible for your case. By far the best attorney in the area. Austin
Resonable expectations were set and the results far exceeded them. I was well informed, prepared and supported by Matt and his team. They provided comfort and confidence, as well as a great outcome. I can't possibly describe how grateful I truly am for what they have done for me. Matt was recommended to be by another trusted individual and I believe that was a blessing. Anthony
I can't say enough great things about Matthew Arnold and his team. I had a very complicated, high-conflict case which took a lot of time and effort on everyone's part, and I feel like my case was given the time and attention it required. Matt Arnold is a great attorney, and I would go as far as saying one of the best in Charlotte, if not the best. Bree is also amazing. Amber