When a loved one is lost because of someone’s wrongdoing or negligence, North Carolina provides a remedy to the family members left behind. We can help you through the process of recovering what you are entitled to regardless of whether the death was caused by an auto accident, trucking accident, medical negligence, defective product or claim against a city, county or North Carolina.
If you have lost a family member due to another’s careless behavior, contact Glenn, Mills, Fisher & Mahoney, P.A. today to discuss your case. You have rights and we work to protect those rights. In any death case, we will have an initial consultation with you at no charge to determine the strength of your case and whether we are able to help you.
Have you lost a family member due to another’s careless behavior? If so, then you’ll need the help of experienced North Carolina lawyers. Contact Glenn, Mills, Fisher & Mahoney, P.A. today to discuss your case. You can Contact Us here or call us at (919) 683-2135.
Before a claim for wrongful death can be prosecuted, the family must open an estate and have someone appointed as an administrator of that estate. Such an estate must file the suit. Any suit over wrongful death must be filed within two years of the date of death in North Carolina.
In North Carolina, there is a statute that defines exactly what kind of compensation can be recovered. North Carolina General Statute 25A-18-2 allows the family to recover several different types of compensation.
§ 28A-18-2. Death by wrongful act of another; recovery not assets
(a) When the death of a person is caused by a wrongful act, neglect or default of another, such as would, if the injured person had lived, have entitled him to an action for damages therefor, the person or corporation that would have been so liable, and his or their personal representatives or collectors, shall be liable to an action for damages, to be brought by the personal representative or collector of the decedent; and this notwithstanding the death, and although the wrongful act, neglect or default, causing the death, amounts in law to a felony. The personal representative or collector of the decedent who pursues an action under this section may pay from the assets of the estate the reasonable and necessary expenses, not including attorneys’ fees, incurred in pursuing the action. At the termination of the action, any amount recovered shall be applied first to the reimbursement of the estate for the expenses incurred in pursuing the action, then to the payment of attorneys’ fees, and shall then be distributed as provided in this section. The amount recovered in such action is not liable to be applied as assets, in the payment of debts or legacies, except as to burial expenses of the deceased, and reasonable hospital and medical expenses not exceeding four thousand five hundred dollars ($4,500) incident to the injury resulting in death, except that the amount applied for hospital and medical expenses shall not exceed fifty percent (50%) of the amount of damages recovered after deducting attorneys’ fees, but shall be disposed of as provided in the Intestate Succession Act. The limitations on recovery for hospital and medical expenses under this subsection do not apply to subrogation rights exercised pursuant to G.S. 135-40.13A. All claims filed for such services shall be approved by the clerk of the superior court and any party adversely affected by any decision of said clerk as to said claim may appeal to the superior court in term time.
(b) Damages recoverable for death by wrongful act include:
(1) Expenses for care, treatment and hospitalization incident to the injury resulting in death;
(2) Compensation for pain and suffering of the decedent;
(3) The reasonable funeral expenses of the decedent;
(4) The present monetary value of the decedent to the persons entitled to receive the damages recovered, including but not limited to compensation for the loss of the reasonably expected;
a. Net income of the decedent,
b. Services, protection, care and assistance of the decedent, whether voluntary or obligatory, to the persons entitled to the damages recovered,
c. Society, companionship, comfort, guidance, kindly offices and advice of the decedent to the persons entitled to the damages recovered;
If you have lost a family member due to another’s careless behavior, contact Glenn, Mills, Fisher & Mahoney, P.A. today to discuss your case. You have Rights and we work to protect those rights. In any death case, we will have an initial consultation with you at no charge to determine the strength of your case and whether we are able to help you.
As our client, you will be backed by the credentials, experience and strength to aggressively pursue compensation or a fair settlement in your wrongful death claim. For a free case evaluation, call the legal team of Glenn, Mills, Fisher & Mahoney, P.A. at (919) 683-2135.
“I very much enjoyed meeting and working with Bill Mills on a fairly difficult and complicated matter. He showed a tremendous amount of sensitivity, understanding, compassion and patience during the times that we really needed it. Bill was very knowledgeable, confident, and resourceful. He was also extremely thorough, open, honest, and persistent in his efforts. Bill did not leave any stone unturned which made it possible for us to have a successful outcome. I highly recommend using Bill Mills and his firm.”
- Robert James
“Bill Mills is a fantastic trial attorney and the consummate professional. He is a tireless advocate, always well prepared, and genuinely cares about each and every client. I have had the privilege to co-counsel with Bill on two major cases, both of which resulted in excellent recoveries for our clients. Bill is a delightful person and a pleasure to work with. I look forward to our next case together.”
- Irv Cantor, Attorney in Richmond, Va.
“I came to Glenn, Mills, Fisher, and Mahoney with an extremely difficult legal dilemma that seemed impossible to resolve fairly and favorably. I was completely floored–and relieved beyond belief–when Carlos Mahoney called the next day to let me know that he had found a way out of the morass. It was a brilliant solution. Mahoney and his assistant made a truly awful situation much easier to deal with because of the integrity which they brought to the work. They answered all my questions promptly. They never dropped the ball, and were always up to date on the issues when I called, which was no small feat, since the matter had many moving parts and extended over several years. Through it all, Mahoney offered truly wise counsel, making sure that my emotions did not get in the way of my interests. He also guided the case toward a conclusion that was far better than I ever hoped or imagined. I cannot recommend the firm more highly.”
- Laura Edwards