Misconceptions Surrounding Wrongful Death

Charlotte Personal Injury Attorney Matt Arnold answers the question: “Are the laws or rules applying to a wrongful death claim different from a personal injury not involving death?”


The death of a loved one is not something that anyone wants to think about. Suddenly, you are plunged into a world of funeral arrangements, paying medical bills, and trying to emotionally recover from the loss. This devastation can be compounded when the death is caused by the negligence or wrongful act of another. In North Carolina, when the death of another is caused by the negligence or wrongful act of another, there is the potential to bring a wrongful death action and receive compensation. Wrongful death actions sometimes have a bad reputation, however, and many people have incorrect misconceptions about filing suit. The following are misconceptions about wrongful death actions and why those misconceptions are incorrect.


cemetery-Charlotte-Wrongful-death-Personal-Injury-Law-firm-300x169Life insurance benefits are sufficient to cover the costs.


Not everyone has a life insurance policy. If your loved one did, you are in a better position than others, but it is not always enough. A life insurance policy is usually just a one-time payment. It does not account for additional hardships that are caused by the death of a loved one.


I do not want people to think that I am greedy.


Part of the stigma surrounding the a wrongful death claim is the misconception that you will be considered greedy for trying to “profit” off a loved one’s death. This is inherently wrong. It is not greedy to seek justice for the death of your loved one. If  another was negligent or wrongful in their actions, causing the death of your loved one, you have a legitimate claim for damages. Others’ misconceptions should not hinder your rights to legal remedies.


The case will take too long.


The process of filing a wrongful death claim can be lengthy and strenuous, but that should not deter you from the process. Your attorney will be there for you during this entire process and shoulders most of the stress while working to get you the compensation you need. Additionally, there is no set timeline for any case. Cases can be completed in weeks, months, or even years. It depends on the facts of the case and the willingness of the other side to negotiate. The more complex the case, the longer it is likely to take and vice versa. Do not let the timeline deter you from going after the damages to which you are entitled.


I do not want to make a decision right now, I have time to decide what to do.


North Carolina has a statute of limitations on filing wrongful death actions. There is not an indefinite amount of time in which to file a lawsuit. It is in your best interest to find an attorney right away to guide you through this process.


If you have lost a loved one due to the negligence or wrongful act of another, the personal injury attorneys at Arnold & Smith, PLLC are here to help you. We know that this is a difficult time and want to take the financial burden off of you so that you can focus on healing. Now taking cases throughout the Charlotte region with offices in Uptown Charlotte, Mooresville and the new location under renovation in Monroe. Contact us, for a free consultation, 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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