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North Carolina Wrongful Death Lawyer

If you’ve lost a loved one due to negligence, you don’t have to face this alone. At Galbavy Law, we help North Carolina families seek justice and compensation. Contact us for a free consultation to start healing and protect your rights.

Losing a loved one due to another's negligence is an incredibly challenging experience that brings immense grief along with unexpected financial burdens, such as medical bills and funeral costs.

In North Carolina, wrongful death claims arise when the negligent actions of another party cause an individual's death. Families must establish the connection between the defendant's actions and the death, all while adhering to the state’s statutes of limitations, which typically allow for two years to file a claim. It’s essential to gather evidence and calculate potential damages, which can include lost wages and compensation for emotional distress.

David Galbavy, founder of Galbavy Law, dedicates his practice to assisting families navigating these difficult waters. With his background as a Board-Certified Specialist in Workers’ Compensation and former insurance defense attorney, Galbavy understands the tactics insurers may use to minimize claims. His legal expertise focuses on advocating for families, ensuring they receive the justice and support necessary as they work to rebuild their lives after such a devastating loss.

According to data from the National Highway Traffic Safety Administration, fatal crashes remain a leading cause of wrongful death claims in North Carolina, especially on heavily traveled routes like I-40 and I-85. Wrongful death cases also arise from medical negligence, unsafe workplaces, and other preventable hazards. Every one of these cases represents a life cut short and a family left behind with unanswered questions and lasting pain.

Our firm has recovered over $25 million for injured clients and their families across the state, including cases involving catastrophic injuries, surgeries, and permanent impairments. That same level of preparation, dedication, and fight goes into every wrongful death case we handle.

Your Legal Rights After a Wrongful Death in NC

North Carolina law allows surviving family members to file a wrongful death claim when the negligent, reckless, or intentional act of another causes a death. These cases are brought by the personal representative of the deceased person’s estate. Still, the benefits are for the surviving spouse, children, parents, or other close relatives who depended on their loved one.

Wrongful death claims cover more than just medical bills or funeral expenses. Families have the right to pursue damages for the loss of financial support, the loss of companionship, and the pain and suffering their loved one endured before passing. In some cases, punitive damages may also apply if the death was caused by drunk driving, reckless conduct, or gross negligence.

These rights exist, but exercising them is not simple. North Carolina’s contributory negligence rule makes wrongful death cases especially complex. If insurers can convince a jury that your loved one was even one percent at fault for the accident, your claim may be denied entirely.

For example, in a fatal collision on I-85 near Charlotte, the defense might argue that the victim was driving slightly over the speed limit or failed to signal before a lane change. Even a small allegation can put your family’s right to recovery at risk.

Having an experienced wrongful death attorney that North Carolina families trust is critical in these situations. At Galbavy Law, we gather police reports, medical records, accident reconstructions, and expert testimony to make sure fault is clearly established where it belongs. We understand the law, and we know how to counter the arguments insurance companies use to avoid paying fair compensation.

The Centers for Disease Control and Prevention has reported that accidents remain one of the top causes of preventable death in the United States. For North Carolina families, these statistics are more than numbers; they are loved ones lost. That is why we work tirelessly to ensure that legal rights are not just recognized but fully protected in every wrongful death case we take on.

The Wrongful Death Claims Process in North Carolina

For families dealing with the loss of a loved one, the legal process can feel overwhelming. At Galbavy Law, our role is to take on that burden so that you can focus on grieving and rebuilding. The wrongful death claims process in the state follows a structured path, but every step must be handled carefully to protect your family’s rights.

The first step is to appoint a personal representative for the deceased person’s estate. This is often a spouse, parent, or adult child, but in some cases, the court may appoint another trusted individual. The personal representative has the legal authority to file the wrongful death lawsuit on behalf of the family.

Once appointed, the representative works with our firm to gather evidence. This includes medical records, accident reports, employment information, and testimony from witnesses or experts. In fatal accidents, evidence such as skid marks, traffic camera footage, and vehicle data can be crucial in establishing exactly what happened. In cases involving workplace deaths, we often examine safety records, training materials, and compliance with Occupational Safety and Health Administration (OSHA) regulations.

After the evidence is collected, a formal claim is filed against the responsible parties. This may include individuals, companies, or even government entities, depending on the circumstances. Insurance companies are almost always involved, and their goal is to minimize payouts.

Because of North Carolina’s contributory negligence law, they often focus on shifting even a small portion of blame onto the victim. Our job is to close those arguments before they gain traction, making it clear that the other party’s negligence caused your loved one’s death.

The claims process also involves calculating damages. This goes beyond immediate medical bills or funeral expenses. It includes lost income, future financial support, the value of household services, and the profound loss of companionship and guidance that the family will endure. These losses are real and deserve to be recognized in the settlement or verdict.

If a fair settlement cannot be reached, we prepare to take the case to court. Litigation can be lengthy, but it often results in greater accountability and more equitable compensation. Throughout the process, our priority is to communicate with you clearly and regularly, ensuring you always understand the status of your case.

Wrongful death cases are not only about financial recovery. They are about holding negligent parties accountable and honoring the life of the person who was lost. At Galbavy Law, we handle the claims process with the respect, thoroughness, and determination your family deserves.

Common Causes of Wrongful Death in NC

Wrongful death cases arise from many different circumstances, but specific causes appear again and again on North Carolina’s roads, in workplaces, and in medical settings. Understanding these causes is essential not only for pursuing justice but also for preventing future tragedies.

Motor Vehicle Crashes (Cars, SUVs, Motorcycles)

Fatal collisions remain a leading cause of wrongful death statewide, especially along I-40, I-85, and at busy intersections in Charlotte, Raleigh, and Greensboro.

  • Primary risks: distracted driving, alcohol/drug impairment, and speeding.
  • National context: federal safety analyses continue to identify impaired driving as a major contributor to fatal crashes nationwide.
  • Key evidence: police reports, toxicology results, scene photos/video, black-box/ECM data, and phone records.
  • Potential defendants include negligent drivers, employers (if the incident occurred while on the job), and vehicle owners.

According to the National Center for Statistics and Analysis, impaired driving continues to be a major contributor to fatal crashes nationwide, and North Carolina families are deeply affected by this ongoing problem.

Trucking Collisions (Tractor-Trailers and Commercial Vehicles)

When an 18-wheeler collides with a passenger vehicle, the outcomes are often catastrophic.

  • Common factors: driver fatigue, hours-of-service violations, distracted driving, speeding, and inadequate following distance.
  • Cargo issues: improper loading/securement can cause rollovers or jackknifes.
  • Layered liability: driver, trucking company, freight loaders/shippers, maintenance contractors, and, in some cases, parts manufacturers.
  • Evidence to secure: ECM/telematics, driver logs, dispatch data, weigh-station records, and maintenance files.

Workplace & Industrial Incidents

Jobs in construction, manufacturing, and transportation carry heightened fatality risks.

  • Typical causes: falls from heights, machinery entanglement, struck-by events, electrocution, and exposure to hazardous substances.
  • Family impact: surviving relatives often lose essential income and benefits.
  • Claims landscape: workers’ compensation death benefits may apply; third-party negligence (e.g., subcontractors, equipment makers) can support a separate wrongful death claim.
  • Documentation: OSHA reports, site safety plans, training records, and equipment maintenance logs.

Medical Malpractice

Less common than roadway or workplace deaths, but devastating when standards lapse.

  • The most common causes include surgical errors, misdiagnosis/delayed diagnosis, medication and anesthesia mistakes, and failures in monitoring or discharge.
  • Evidence needed: medical records, hospital protocols, medication logs, and expert testimony on the standard of care and causation.
  • Time sensitivity: prompt record preservation and specialist review are critical.

Pedestrian & Cyclist Fatalities

Vulnerable road users face severe risk in urban centers across North Carolina.

  • Typical causes: failure to yield at crosswalks, turning without checking, speeding, and distraction.
  • Aggravators: impaired driving and hit-and-run behavior can elevate civil exposure and potential damages.
  • Evidence: intersection/city camera footage, vehicle path analysis, lighting and visibility assessments, and witness statements.

Other Preventable Causes of Wrongful Death

Wrongful death claims also arise from hazards outside the road or workplace.

  • Defective products: auto defects (airbags, brakes), machinery failures, or consumer products with design/manufacturing flaws; potential product liability.
  • Unsafe premises: negligent security, unsafe stairwells, missing guards/railings, code violations.
  • Acts of violence: civil claims may target parties who failed to provide reasonable security or enabled foreseeable harm.

At Galbavy Law, we thoroughly investigate every case. Whether your family lost someone in a highway collision, a workplace accident, or a case of medical negligence, we bring the same level of dedication and preparation. We know that understanding the cause is not just about assigning blame. It is about proving responsibility and securing justice for your family.

Compensation in Wrongful Death Cases

When a family loses a loved one to negligence, no amount of money can replace that person. Still, compensation is the only tool the law provides to address the financial and emotional impact of a wrongful death. At Galbavy Law, we approach compensation with the seriousness it deserves, making sure every element of loss is accounted for.

Compensation usually includes medical expenses related to the final illness or injury. Families are often left with emergency room bills, hospital stays, or surgical costs that accumulated before their loved one passed. These expenses can be overwhelming, especially when combined with funeral and burial costs, both of which are recoverable under North Carolina law.

Another significant category is the loss of financial support. When a spouse, parent, or child is taken too soon, their earnings and future contributions are gone. Courts recognize this loss and allow recovery for the income the deceased would likely have earned over their lifetime. This includes salary, retirement benefits, and the value of household services such as childcare or home maintenance.

Non-economic damages are equally important. Families are entitled to seek compensation for the loss of companionship, care, guidance, and emotional support. Children who lose a parent, for example, experience not only financial hardship but also the irreplaceable absence of mentorship and love. Spouses lose a partner in every sense, and that loss must be reflected in the claim.

Permanent impacts on the family’s future are also taken into consideration. A wrongful death often alters plans for education, retirement, or even the ability to remain in the family home. These disruptions are recognized as part of the harm suffered.

In some instances, punitive damages may also apply. These damages are not meant to compensate the family but to punish the wrongdoer for reckless or intentional conduct. Drunk driving accidents, for example, often open the door to punitive damages.

Understanding the damages available requires a careful evaluation of both economic and personal impacts. The U.S. court system provides resources that explain how courts assess damages; however, every case is ultimately unique. At Galbavy Law, we collaborate closely with financial experts, medical professionals, and family members to ensure that the full scope of loss is accurately presented and properly valued.

Compensation cannot undo the loss, but it can provide stability for the future. It ensures that families are not left to struggle financially while also sending a message that negligent conduct has consequences.

Hiring a North Carolina Wrongful Death Lawyer Matters

Wrongful death claims are among the most complex personal injury cases. They involve not only significant damages but also sensitive circumstances and strong opposition from insurance companies. Hiring an attorney who understands the law, the medical aspects of injuries, and the strategies insurers use can make all the difference.

One of the most significant challenges in NC wrongful death cases is the contributory negligence rule. If the defendant can prove that the deceased was even one percent at fault, the family may lose the right to compensation. This makes it essential to have a wrongful death attorney NC families can rely on to build a case that anticipates and counters these arguments.

At Galbavy Law, we understand how insurers approach these cases, having once defended them myself. That perspective gives us the ability to respond before their arguments gain traction.

Another reason hiring a lawyer matters is the complexity of proving damages. It is not enough to show that a death occurred. You must also demonstrate the financial and emotional impact on surviving family members. This often requires expert testimony from economists, vocational specialists, and mental health professionals. We gather and present this evidence in a way that clearly reflects the scope of your loss.

Wrongful death cases also frequently involve multiple parties. A fatal truck crash on I-85 near Charlotte may involve not just the driver but also the trucking company, the cargo loader, and even the manufacturer of defective parts. Medical malpractice cases may include doctors, nurses, and hospitals. Identifying all responsible parties requires experience and thorough investigation.

Local knowledge matters as well. Courts in Raleigh may handle cases differently from those in Asheville or Greensboro. Juries bring their own perspectives, and understanding those dynamics can influence how a case is presented.

Families also benefit from the peace of mind that comes with legal representation. During one of the most difficult times in their lives, they should not have to manage negotiations, deadlines, or court filings. At Galbavy Law, we handle every detail while keeping families informed and involved throughout the process.

For more information on how wrongful death cases are handled, the North Carolina Judicial Branch provides helpful resources for families navigating the court system. But resources alone are not enough. What families need is a dedicated advocate who treats their case with compassion and determination.

At Galbavy Law, we combine proven results with personal service. With more than $25 million recovered for clients across North Carolina, we know what it takes to win these cases and how to support families throughout the process.

The Galbavy Law Difference

Not all law firms bring the same approach or depth of experience to wrongful death cases. At Galbavy Law, what sets us apart is a unique combination of specialized credentials, proven results, and a commitment to personal service.

David Galbavy is a Board-Certified Specialist in Workers’ Compensation, a prestigious distinction held by fewer than three percent of attorneys in North Carolina. This certification signifies his advanced knowledge of injury law and his proven ability to handle complex cases effectively. In wrongful death claims, which often involve catastrophic injuries, multiple parties, and high-stakes litigation, his expertise is invaluable.

Prior to establishing his own firm, Galbavy served as an insurance defense attorney. This experience provided him with unique insights into how insurers evaluate wrongful death claims, including the identification of weaknesses and strategies to minimize payouts. Today, he leverages that knowledge to fortify the cases of families throughout North Carolina. Each claim is meticulously prepared with a deep understanding of the defense's potential arguments, allowing Galbavy to dismantle those positions before they gain momentum.

Our results demonstrate the effectiveness of this approach. Galbavy Law has recovered over $25 million for clients across Charlotte, Hickory, and other North Carolina towns and cities. Many of these recoveries involved families facing permanent impairments, multiple surgeries, or the devastating loss of a loved one. Each case was pursued with the goal of not just financial recovery but also justice for the harm caused.

Equally important is our dedication to client service. At large firms, clients often feel like case numbers rather than people. At Galbavy Law, our clients work directly with me and my team. We maintain open communication, promptly return calls, and ensure that families are always informed about the status of their case. This personal approach provides reassurance during an incredibly difficult time.

Finally, our firm is deeply rooted in North Carolina. We are familiar with the roads where accidents frequently occur, from I-40 in Hickory to I-85 through Charlotte, and we understand the dynamics of courts in various regions of the state. That local knowledge adds a critical layer to the strategic planning of every case.

The Galbavy Law difference is about more than credentials or numbers. It is about combining skill, compassion, and persistence to help families recover and find a path forward after the unimaginable.

Frequently Asked Questions About Wrongful Death in North Carolina

When a family is coping with the loss of a loved one, questions come quickly and often feel overwhelming. Here are some of the most common concerns raised by families we represent.

  1. Who can file a wrongful death claim in North Carolina?Only the personal representative of the deceased person’s estate may file a wrongful death claim. However, the damages recovered are distributed to the surviving family members, such as spouses, children, or parents, according to NC law.
  2. What is the time limit for filing a wrongful death claim?The statute of limitations in North Carolina is generally two years from the date of death. Missing this deadline can result in losing the right to compensation. Families should act quickly to preserve evidence and protect their claim. The North Carolina General Assembly provides the statutes that govern wrongful death actions in the state.
  3. What types of damages can be recovered?Recoverable damages include medical expenses incurred before death, funeral and burial costs, lost income the deceased would have provided, loss of companionship, and pain and suffering. In some cases involving reckless or intentional conduct, punitive damages may also be awarded.
  4. How does contributory negligence affect wrongful death cases?The state’s contributory negligence rule can bar recovery if the deceased is found even one percent at fault for the accident. This makes it especially important to work with an experienced North Carolina wrongful death lawyer who knows how to counter these arguments.
  5. Do wrongful death cases always go to trial?Not always. Many cases are resolved through settlement. However, we prepare every case as if it will be presented to a jury. This approach strengthens our negotiating position and ensures we are ready if a trial becomes necessary.
  6. How much does it cost to hire a wrongful death attorney?At Galbavy Law, families pay nothing upfront. We work on a contingency fee basis, meaning we are only paid if we recover compensation. Consultations are free, and families never receive a bill simply for asking questions.
  7. What makes Galbavy Law different from other firms?Our firm combines specialized credentials, insider knowledge from my time as an insurance defense attorney, and a history of recovering over 20 million dollars for North Carolina families. Just as importantly, we prioritize personal communication and treat every case with the seriousness it deserves.

These questions only begin to cover the concerns families face after the loss of a loved one. Each situation is unique, and the best way to get tailored answers is to speak directly with a wrongful death attorney NC families trust.

Take the First Step Toward Justice With Galbavy Law Today!

Losing a loved one is the most challenging experience a family can endure. When someone else’s negligence or recklessness causes that loss, the pain is compounded by questions about why it happened and what can be done to hold the responsible parties accountable.

At Galbavy Law, we know that no amount of money can replace a loved one. Still, a successful wrongful death claim can provide financial stability, accountability, and a sense of justice for families left behind.

Many of the cases we have handled involved catastrophic injuries, multiple surgeries, permanent impairments, or the ultimate loss of life. Each case was handled with thorough preparation, aggressive advocacy, and personalized attention to the family's needs. We know that behind every case is not just a file, but people whose lives have been forever changed.

Every wrongful death case is deeply personal. Our role is to carry the legal burden so that your family can focus on grieving, healing, and remembering your loved one.

When you choose Galbavy Law, you are not just hiring a lawyer. You are choosing a partner who will listen to your story, explain your options, and fight tirelessly for accountability. We take pride in being accessible and responsive. Families can count on us to answer their questions, return their calls, and provide honest guidance every step of the way.

If you are searching for a fatal accident lawyer North Carolina families can rely on, or if you need a wrongful death attorney NC communities recommend for compassionate and determined representation, we are here for you. Contact our team at Galbavy Law today or complete our online form to schedule a free consultation. There are no upfront costs, and you pay nothing unless we recover compensation for your family.

Justice begins with one conversation. Let Galbavy Law help you take that step today.

Call us today. If you’re hurt, we can help!

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