Losing a loved one due to the negligence or wrongdoing of another person is a devastating experience. It leaves families not only grieving but also facing emotional and financial burdens that can be overwhelming. In North Carolina, when such a tragic loss occurs, families have the legal right to pursue a wrongful death lawsuit. The goal of a wrongful death claim is to seek compensation for the losses experienced by the family, including funeral expenses, lost income, and other damages. At Phillips & McCrea, PLLC we are here to guide you through the legal process and help you navigate the complexities of your case.
One of the most important decisions that must be made when filing a wrongful death lawsuit is whether to settle the case out of court or take it to trial. Both options have their own advantages and disadvantages, and the choice can significantly impact the outcome of the case. This page will provide an in-depth look at the differences between settling a wrongful death case and going to trial in North Carolina.
Understanding Wrongful Death Lawsuits in North Carolina
A wrongful death lawsuit is a legal claim brought by the surviving family members or personal representative of the deceased against the party responsible for their death. In North Carolina, these claims are governed by specific laws that outline who can file the claim and the type of damages that can be recovered.
In a wrongful death lawsuit, the family may seek compensation for various types of losses. These can include the medical bills related to the deceased person’s injury, funeral expenses, loss of future earnings, and the pain and suffering experienced by the family. While money cannot bring back a loved one, it can help ease the financial burden that often accompanies such a loss.
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Families must also understand that wrongful death claims in North Carolina are subject to a statute of limitations. This means there is a specific time period in which the lawsuit must be filed, typically within two years from the date of death. If a claim is not filed within this time frame, the family may lose their right to pursue compensation.
Settling a Wrongful Death Lawsuit
One option for resolving a wrongful death lawsuit is to settle the case out of court. A settlement is an agreement between the family (the plaintiffs) and the responsible party (the defendant) where the defendant agrees to pay a specific amount of money in exchange for the plaintiffs agreeing to drop the lawsuit.
Settlements can occur at any point during the legal process, from the early stages of the claim to just before the trial begins. Many wrongful death cases are resolved through settlements because they offer a quicker and less costly resolution compared to going to trial.
One advantage of settling a wrongful death lawsuit is that it allows both parties to avoid the uncertainty of a trial. In a settlement, the family knows exactly how much compensation they will receive, and the defendant can avoid the risk of a potentially larger financial judgment if the case were to go to trial. Additionally, settlements are typically resolved faster than trials, which means the family can receive compensation more quickly and begin the process of moving forward.
Michael was a pleasure to work with. He made sure all of my questions were answered in a timely manner. His compassion to help allowed me to receive excellence throughout my experience, i would highly recommend his expertise” - Anonymous Philips and McCrea Law firm provided excellent service to entire family and friends. There have been several situations that I/family /friends have depended on their legal service’s. On each occasion they have been professional, knowledgeable and dependable. Providing excellent representation and guidance under stressful situations. I would highly recommend their legal service." - Denise Simply great legal service. They were professional, easy to work with and thorough. I have been very pleased with their service and would highly recommend them to my friends and colleagues as exceptional Charlotte attorneys." - Logan Abrams 
However, there are also potential downsides to settling a wrongful death case. In some cases, the settlement offer may be lower than what the family could have received if the case went to trial. Defendants often try to settle cases for less than they believe they might owe, especially if they think the plaintiffs are eager to resolve the matter quickly. It is important for families to carefully consider whether the settlement offer is fair and adequate to cover their losses.
Taking a Wrongful Death Case to Trial
When a settlement cannot be reached, the wrongful death case may proceed to trial. In a trial, both sides present their evidence and arguments in front of a judge or jury, who will then decide whether the defendant is liable for the wrongful death and, if so, how much compensation should be awarded.
Going to trial can be beneficial in cases where the settlement offer is not enough to cover the family’s losses, or when the defendant refuses to accept responsibility for the death. A trial provides the family with the opportunity to present their case in full, allowing the court to consider all of the evidence and testimony related to the incident. If the court rules in the family’s favor, they may be awarded a larger financial judgment than what was offered in a settlement.
Trials can also bring a sense of justice and closure to the family, as the court’s decision can hold the defendant accountable for their actions. This can be especially important in cases where the family feels that the responsible party has not taken responsibility for their role in the death.
However, trials also come with significant risks. First, there is no guarantee that the court will rule in the family’s favor. If the defendant is found not liable, the family could end up receiving no compensation at all. Second, trials are often lengthy and expensive. They require extensive preparation, including gathering evidence, interviewing witnesses, and hiring legal and medical professionals to testify. This can significantly increase the costs associated with the lawsuit. Additionally, trials can be emotionally draining for families, as they may be required to relive the details of their loved one’s death in court.
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Weighing the Pros and Cons of Settling vs. Going to Trial
When deciding whether to settle a wrongful death lawsuit or take it to trial, it is important to carefully consider the advantages and disadvantages of each option. Settlements can provide a quicker and more certain resolution, allowing the family to receive compensation without the emotional and financial toll of a trial. However, settlements may result in less compensation than what could be awarded in a trial.
On the other hand, going to trial offers the potential for a larger financial judgment and the opportunity to hold the responsible party accountable. But it also comes with the risks of losing the case and the possibility of extended litigation.
Each wrongful death case is unique, and the decision to settle or go to trial will depend on the specific circumstances of the case. Families should work closely with their legal representatives to determine which option is best suited to their needs and goals.
The Role of a Wrongful Death Attorney
Navigating a wrongful death lawsuit can be complex and challenging, especially when dealing with the grief of losing a loved one. This is why it is important for families to have legal representation throughout the process. A wrongful death attorney can provide valuable guidance and support, helping the family understand their rights, evaluate settlement offers, and prepare for trial if necessary.
Attorneys can also negotiate on behalf of the family to secure a fair settlement. They can assess the evidence, calculate the family’s losses, and advocate for the maximum compensation possible. If the case goes to trial, attorneys will present the family’s case in court, using their knowledge of North Carolina law to argue for a favorable outcome.
Seeking Justice After a Wrongful Death
Losing a loved one to someone else’s negligence or wrongdoing is a heartbreaking experience. While no amount of compensation can replace the loss of a family member, a wrongful death lawsuit can provide the financial support necessary to cover expenses and secure the family’s future. Whether through settlement or trial, pursuing a wrongful death claim is a way to seek justice for the deceased and ensure that the responsible party is held accountable.
If you have lost a loved one and are considering a wrongful death lawsuit, it is essential to consult with an experienced attorney who can guide you through the process and help you make the best decisions for your family.
Phillips & McCrea, PLLC understands the emotional and financial challenges faced by families dealing with the loss of a loved one due to wrongful death. If you are in North Carolina and need assistance with a wrongful death claim, our compassionate team is here to help you navigate the legal process. We are committed to securing the compensation you deserve and helping you seek justice for your loss. Contact Phillips & McCrea, PLLC today for a consultation to discuss your options and begin your journey toward healing.