Wrongful Death Attorney in Charlotte

Mecklenburg County Wrongful Death Lawyers

A wrongful death claim is a civil case, separate from any criminal proceedings. Charges may never be filed, or a case may end in acquittal, and a family can still bring a claim and recover. What the claim covers is also broader than most people expect, reaching medical and funeral costs, the income the person would have earned, and the loss of their care, companionship, and guidance.

DeCurtins Law Office represents families through both halves of that process, guiding estate qualification in Mecklenburg County and bringing decades of litigation experience to the claim that follows it. We can investigate how the death happened, identify every party responsible, handle the filings the law requires of a family, and deal with the insurers so relatives are not fielding calls while making arrangements. 

We can handle the filings and the deadlines while your family focuses on everything else. Call (704) 313-1131 or contact us online to speak with a wrongful death attorney in Charlotte.

Who Is Legally Allowed to File a Wrongful Death Claim?

In North Carolina, a surviving spouse, parent, or adult child cannot file a wrongful death lawsuit in their own name. State law dictates that every wrongful death action must be brought exclusively by the deceased person's personal representative. This representative is typically the executor named in a will or, if no will exists, the administrator appointed by the court. This official appointment takes place before the clerk of the superior court, rather than the civil courtroom where the lawsuit will eventually be heard. The procedure requires filing a formal application, taking an oath, and often securing a financial bond.

Grieving families frequently lose weeks trying to navigate this legal step, completely unaware that the strict two-year deadline to file a claim is continuously running. Instead of asking you to handle the probate process alone before we take your case, our legal team manages the estate opening and representative appointment as part of our core representation. We prepare the necessary applications, coordinate the bond if the clerk requires one, and expedite the qualification process. This allows us to begin investigating the claim immediately while vital evidence is still accessible.

Who Receives the Money in a North Carolina Wrongful Death Claim?

This fact surprises almost every family: wrongful death proceeds do not pass through a will. Even if your loved one left a will directing their entire estate to a single person, North Carolina law distributes a wrongful death recovery according to the Intestate Succession Act. Two narrow exceptions exist. Burial expenses come out of the recovery, and so do hospital and medical expenses from the final injury, but the medical portion is capped at $4,500 and cannot exceed half of what remains after attorney's fees. The clerk of superior court approves both.

Exactly who receives the compensation depends entirely on which relatives survive the deceased, including:

• A surviving spouse and children. They divide the recovery, and the exact share the spouse receives depends on how many children survive.
• Children with no surviving spouse. The recovery passes to the children in equal shares. If a child has already passed away, their portion passes to their descendants.
• A spouse with no children. Surviving parents may share in the recovery alongside the surviving spouse.
• Parents and siblings. When no spouse or children survive, the law works outward through the next degrees of family kinship.

This strict legal distribution can create friction within families, especially if a written will states something completely different. By serving as legal counsel to the estate rather than representing any single relative, our firm applies the law clearly and fairly. We document every step and keep the financial accounting completely visible to everyone legally entitled to see it.

Protecting a Minor’s Settlement in a Wrongful Death Claim

No court hands a settlement check to a child, or to a surviving parent on a child's behalf, without review. When minors are entitled to part of a wrongful death recovery, a judge examines the settlement to confirm that the amount and the allocation serve the child's interest. That review often includes appointing a guardian ad litem, an independent attorney whose sole job is to evaluate the arrangement for the minor.

We manage that process rather than leaving a family to learn it under pressure. Our office prepares the approval petition, presents the allocation to the court, and works with financial planners on structured settlements or court-supervised trusts that release funds on a schedule rather than in a single payment at 18. 

We can help you fight for the justice and compensation you deserve. Contact us online or call (704) 313-1131 to schedule a free case consultation with a wrongful death lawyer in Charlotte.