Debunking Wrongful Death Lawsuit Myths in North Carolina

Charlotte Personal Injury Attorney Matt Arnold answers the question: “What exactly is a wrongful death claim?”


The loss of a loved one is often a time of intense grief and sadness. These feelings are only magnified when a loved one’s death is caused by the negligence or wrongful act of another. In these instances, there are legal remedies available to the surviving family members. A wrongful death lawsuit is an avenue for the surviving family to collect compensation for their loved one’s wrongful death. However, sometimes family members are reluctant to reach out to a wrongful death attorney to learn more about the options available to them. The following are common myths surrounding wrongful death lawsuits that can prevent grieving loved ones from pursuing the compensation they deserve:

  1. Filing a wrongful death suit is greedy.

cemetary-Wrongful-death-lawsuit-Charlotte-Waxhaw-Mooresville-Personal-Injury-Lawyer-300x200One of the biggest misconceptions is that it is wrong to “capitalize” on the death of a loved one. This is completely untrue. If someone has been negligent and caused the death of someone close to you, that person needs to be held liable for your losses. A wrongful death suit is a legitimate claim, and you may be entitled to compensation for expenses you have incurred.

  1. The life insurance benefits are enough, I do not need additional compensation.

Not every person takes out a life insurance policy. If your loved one did, you are in a slightly different position, but this is not a reason to forgo a wrongful death suit. A wrongful death suit can provide compensation for the lost future income of the decedent, pain and suffering, medical bills that might have resulted because of the negligence or wrongful act, and many other benefits life insurance might not address.

  1. This was just an accident, it could have happened to anyone.

Placing blame on someone for the loss of a loved one does not bring the decedent back, but there is nothing wrong with holding a liable party financially responsible. Even if you do not think your loved one was killed due to an intentional act, a wrongful death suit may still be appropriate. The loss of a loved one carries more than just an emotional impact. Your financial future can be drastically harmed; a wrongful death suit is there to help you recoup those losses.

  1. I am going to think about filing a suit, but there is no rush.

There is a statute of limitations on filing wrongful death lawsuits. A wrongful death suit must be filed within two years of the decedent’s death. This might seem like a long time, but it can take as long to compile all the facts and information to file your initial complaint. It is important to reach out to a wrongful death attorney as soon as possible so that there is no delay or issues in the filing of the case.

The personal injury attorneys at Arnold & Smith, PLLC are here to help you in the event your loved one’s death was caused by the negligence or wrongful act of another. We know that this is a difficult time in your life, and we want to take the pressure off of you and get you the compensation you deserve. Contact us today for a consultation. Now taking cases throughout the Charlotte region with offices in Uptown Charlotte, Mooresville and the new location under renovation in Monroe, call us at 704-370-2828 or click here for additional resources.







The skilled personal injury attorneys at Arnold & Smith, PLLC are dedicated to maximizing the financial recovery and obtaining justice for every personal injury client injured by another party’s negligence. The issues our personal injury clients may be facing include, but are not limited to, slip and fall injuries, wrongful death, product liability, catastrophic injuries, dog bite claims, car and truck accident injuries, motorcycle injuries, traumatic brain injury (TBI), nursing home negligence, spinal cord injury, boating accidents, and defective medical device injury. Our personal injury attorneys understand the devastating impact such an injury can have on a person’s life, and that the effects so often go beyond physical pain and suffering. The personal injury attorneys at Arnold & Smith, PLLC are dedicated to helping clients determine the strength of their claims, and to aggressively pursuing the means necessary to achieve the best possible end result for each client’s particular situation.





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