Wrongful Death



Lewis & Roberts' lawyers  have assisted many families in coping with the death of loved ones.  The wrongful death of a family member or other loved one can be caused by the negligence of a another person or corporation.  The attorneys of Lewis & Roberts have handled wrongful death cases involving medical negligence (malpractice), defective products, trucks, automobiles, toxic exposure, uncrashworthy passenger vehicles, personal water craft and industrial accidents.  We have also been involved when the death of an individual is caused by a lengthy illness caused by either a product, toxic exposure or medical negligence.  We seek answers to the causes of these needless deaths and to hold the negligent parties responsible.

Although it is impossible to place a value on the lost love, affection and advice that families members offer to one another, state law offers statutory guidance to juries when these types of damages must be considered.  North Carolina law allows the legal estate of a "decedent" to recover funeral expenses, medical expenses, and the lost wages that the decedent would have earned in his or her life.  The legal estate is also entitled to recover the services, protection, society, companionship, comfort, parental care, in-home services, and kindly offices that the decedent provided to their "beneficiaries" or family.  Additionally, North Carolina law allows a decedent's estate to recover the conscious pain and suffering the decedent experienced before they passed away.  Economists are typically allowed to testify as expert witnesses at trials in these types of cases to assist juries in understanding the "present value" of these legal damages.  We are accustomed to working in this unique area of law on damages.

We understand the financial burden and overwhelming confusion that can consume a family's time when dealing with mounting bills which can be as difficult as dealing with your family's grief. Each wrongful death case filed in North Carolina must be in the name of the decedent's estate and brought by an "Executor."  We often assist a family member in the legal proceeding to become appointed the executor as a prerequisite to filing a wrongful death lawsuit.  Because of the legal distinctions in wrongful death lawsuits, there are many differences in the manner these suits must be handled from an ordinary negligence claim.  As an example, any lawsuit for the wrongful death of an individual must normally be brought within two years of the date of death while other negligence cases may be brought within three years of the date of the accident.   We are also experienced in many other smaller nuances and distinctions that must be made in order to pursue these type of cases.   We are also able to offer our counsel and assistance should the unfortunate need ever arise.