Charlotte Wrongful Death Lawyer

Legally Reviewed by, Elizabeth VonCannon: Jan 29, 2026

If you lost a loved one in a Charlotte accident caused by another person’s negligence, recklessness, or intentional actions, a Charlotte wrongful death lawyer from Stewart Law Offices is here to help your family pursue justice and the compensation you deserve.

Losing someone you love in a preventable accident is devastating. The grief is overwhelming, the future feels uncertain, and you’re facing funeral expenses and lost income while trying to hold your family together.

Attorney Elizabeth VonCannon, a North Carolina State Bar licensed wrongful death lawyer at Stewart Law Offices, works closely with grieving families to ensure their voices are heard and their loved one’s life is honored through accountability and justice. While no legal action can bring your loved one back, a wrongful death claim can help your family in important ways: it holds the responsible party accountable, provides answers about what happened, eases the financial burden, and ensures they face consequences for taking someone precious from you.

You need an experienced Charlotte wrongful death attorney who understands both the legal complexities and the profound loss your family is experiencing. Stewart Law Offices has stood beside families across Charlotte and Mecklenburg County since 1995, fighting for justice after the unjust loss of loved ones in fatal accidents.

Our Charlotte wrongful death lawyers will provide an honest, thorough evaluation of your case and pursue every dollar of compensation your family is entitled to under North Carolina law. We handle the court filings, paperwork, insurance negotiations, and legal battles so you can focus on grieving and supporting each other.

Who Can File a Wrongful Death Claim in Charlotte, North Carolina?

Under North Carolina law, a wrongful death claim must be filed by the personal representative of the deceased person’s estate. This is often a close family member, such as a surviving spouse, adult child, or parent.

If the deceased left behind a will or other estate planning documents, the personal representative is usually the executor or administrator named in those documents. When no estate plan exists, the court will appoint a personal representative based on North Carolina’s intestate succession laws.

While only the personal representative can file the lawsuit, any compensation recovered is typically meant to benefit the surviving family members. Because the process can be confusing during an already difficult time, having legal guidance can help ensure the claim is filed correctly and without unnecessary delays.

What You Need to Know After a Wrongful Death

If you lost a loved one because of someone else’s negligence, the last thing you should have to worry about is paperwork or legal deadlines. Bringing in an attorney early can help protect your family’s rights while giving you the space you need to grieve. Our Charlotte wrongful death lawyers handle the filings, court appearances, and legal details so you don’t have to shoulder that burden during such a painful time.

In some situations, deciding who should act as the legal representative of the estate can be confusing, especially when there are differing opinions within the family. Our attorneys can step in to explain the process clearly and help determine who is legally allowed to file the wrongful death claim, easing tension and uncertainty.

Families are often contacted by insurance companies soon after a loss. These insurers represent the party at fault, not your family—and it’s best not to speak with them until you have legal guidance. What you say can be used to limit or deny compensation.

Insurance companies may also rush to offer a quick, lump-sum settlement and pressure you to accept it. These early offers are often far less than what your family may truly deserve. Always speak with a lawyer before agreeing to anything, so you can make informed decisions that protect your loved one’s legacy and your family’s future

The Statute of Limitations on North Carolina Wrongful Death Claims

North Carolina state law requires wrongful death actions to be filed within two years of the date of death. While many families are often far too overwhelmed with grief to even consider legal action after a loved one’s death, you must not delay in seeking legal representation due to the time-sensitive nature of many aspects relating to these types of claims.

North Carolina General Statute § 1-53 also provides that a wrongful death claim cannot be filed when the ordinary statute of limitations for a personal injury claim that could have been filed by the deceased has passed. In other words, the family of a person who dies from injuries suffered more than three years ago likely would not have legal recourse in North Carolina.

The statute of limitations can also be tolled (or delayed) in two other situations. The minor child of a deceased parent or a plaintiff who is suffering from a lack of capacities, such as a mental impairment that prevents him or her from filing a claim, may be able to file claims after the original limitations period has passed. With a minor, for example, the statute of limitations may be extended to two years past the minor’s 18th birthday.

To learn whether you are eligible to file a wrongful death lawsuit, contact Stewart Law Offices.

Types and Causes of Fatal Accidents

Whether death is intentional or not, if it was preventable and caused by another party, then it may qualify as wrongful death. Surviving family members could be eligible to pursue a wrongful death claim if they lost a loved one due to:

You should get a knowledgeable wrongful death lawyer involved as soon as possible so an independent investigation can be conducted into the accident and important evidence can be preserved.

Keep in mind that liability can be extremely complex in many of these accidents. In some cases, it may be possible that multiple parties bear responsibility for your loved one’s death. In such cases, it may be possible that other defendants could then begin blaming one another for your loved one’s death in an attempt to minimize their own liability. A skilled Charlotte wrongful death lawyer will identify all potentially liable parties and build a strong case to maximize compensation.

How Do You Prove a Wrongful Death Claim in North Carolina?

Any time a loved one dies unexpectedly, it can seem wrong and unjust. However, there are certain elements that you must prove as part of a wrongful death claim:

• Duty of Care — You must show that the defendant had an obligation to the victim to act in a safe and lawful manner.
• Breach of Duty — You must prove that the defendant breached that duty of care by failing to act in a safe and lawful manner.
• Causation — You must show that breach of duty caused the victim to suffer injuries, in this case, death.
• Damages — You must demonstrate that those injuries resulted in damages, usually a financial loss for the surviving family in wrongful death claims.

Arguing against defendants who deny their liability can be especially difficult in a wrongful death case because the victim is deceased and cannot provide their own testimony. Attorney Christian Gerencir, a North Carolina Bar licensed lawyer at Stewart Law Offices, works closely with our legal team to gather critical evidence, consult with experts, and build a compelling case to support your wrongful death claim. Our experienced Charlotte wrongful death attorneys will work to obtain the evidence necessary to support your wrongful death claim.

What If My Loved One Was Partly at Fault for the Accident?

North Carolina follows a strict pure contributory negligence rule. This means that if your loved one is found to have been even slightly at fault for the accident, your family could be prevented from recovering compensation in a wrongful death claim. Unlike states that allow fault to be shared, North Carolina’s laws leave very little room for mistakes, which can make these cases especially stressful and overwhelming for families who are already grieving. Seemingly small details, such as a split second decision or a minor traffic issue, can end up playing a major role in whether a claim is allowed to move forward.

Insurance companies know how powerful this rule is and often use it to protect their own interests. It is not uncommon for insurers to look for any reason to deny a claim or place blame on the person who passed away, even when another party’s negligence clearly caused the accident. They may point to a minor error, a delayed reaction, or a technical violation to avoid paying damages. These arguments are often made early on, before all the facts have been fully examined, and they can unfairly shift responsibility onto someone who is no longer here to explain what really happened.

How much Compensation can you receive Wrongful Death Case

Depending on the circumstances of your case, our Charlotte wrongful death attorneys may seek compensation for:

Punitive damages, also known as exemplary damages, may be awarded in extreme cases. These damages are intended to punish defendants who engaged in exceptionally reckless behavior such as fraud, malice, or willful or wanton conduct.

North Carolina law limits punitive damages to $250,000 or three times the compensatory damages, whichever is greater. The jury is not informed of this limit, and the limit does not apply in cases involving a defendant who was operating a motor vehicle while impaired (one of the most common causes of punitive damage awards).

Unfortunately, in many cases, accident victims do not have an estate plan in place. In these circumstances, North Carolina intestate succession laws dictate how compensation is awarded:

• When a deceased person is married, all damages are awarded to the surviving spouse if there are no children, descendants of children, or parents surviving.
• When there is a surviving spouse and no children or descendants of children but one or both parents are surviving, the first $50,000 goes to the spouse, and the remainder is divided evenly between the spouse and the surviving parent or parents.
• If there is a surviving spouse and one child or one descendant of a child, the first $30,000 goes to the spouse, and the remainder is divided evenly between the spouse and the surviving child or descendant of the non-surviving child.
• When there is a surviving spouse and two or more children or their descendants, the first $30,000 goes to the spouse, one-third of the remainder goes to the spouse, and the remaining two-thirds is equally distributed to children and/or descendants.
• When a deceased person was not married but their children or descendants are alive, then those children or descendants receive all of the benefits.
• The benefits of a wrongful death claim go to the deceased person’s parents when they are alive but the deceased had no children.

• Surviving siblings can equally share proceeds when there are no surviving children, descendants of children, or parents.

• If there are no children, descendants of children, parents, siblings, or descendants of siblings, then half of the wrongful death damages can be awarded to paternal grandparents (or paternal uncles, aunts, or their descendants when paternal grandparents are not surviving) and half goes to maternal grandparents (or, when not surviving, to maternal uncles, aunts or their descendants).

How Stewart Law Offices Wrongful Death Attorneys Can Help Your Family

Stewart Law Offices will conduct a diligent investigation and determine the true value of your claim while fighting to help your family pursue every last dollar of compensation you deserve. Our law firm is dedicated to helping families hold negligent parties accountable in wrongful death cases.

Was your loved one killed in an accident caused by another party’s negligence in the greater Charlotte area? Do not wait to retain legal counsel for help with your wrongful death claim. Contact Stewart Law Offices today at (704) 521-5000 for a free consultation. We stand ready to fight for justice on your family’s behalf.

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