NC Personal Injury Attorneys Setting the Standard

Wrongful Death

Wrongful death is defined as the death of an individual brought about by the negligent, reckless, or intentional conduct of another party. A wrongful death lawsuit is a case that no one ever wishes to become involved in, whether you are the person bringing the legal action or the party against whom the lawsuit is filed. However, at times such a case may need to be pursued or defended, and the Pinto Coates Kyre & Brown firm can help. We have filed wrongful death claims, and we have represented companies and individuals facing wrongful death suits. We understand that legal action can never replace the loss of a loved one, but if you are involved in a wrongful death case, our experienced attorneys can handle your case with skill and sensitivity.

Wrongful death is a type of personal injury claim, and as such, it may be caused by a car accident or a consumer product, or as a result of some other incident. Although financial compensation can never truly compensate for a death, North Carolina law does provide for the opportunity to seek monetary damages from the individual or company who is believed to have been responsible for the death, and such damages are generally paid to certain surviving kin of the decedent. Economic losses can be part of the financial compensation, such as medical bills, funeral expenses, lost wages, and future earnings. Surviving family members may also be entitled to compensation for the loss of the companionship, comfort, and guidance of the decedent. A wrongful death claim usually must be brought within two years of the death, so prompt action is essential in any case where such a claim may arise.

Attorneys Who Usually Handle Matters in the Wrongful Death Practice Area:

Legal Decisions of Interest

  • Plaintiff’s appointment as administratrix of a decedent’s estate the day after her complaint was filed and after the statute of limitations had run related back to the filing of the summons and therefore her wrongful death claim was not barred by the statute of limitations. Tallman v. City of Gastonia, No. COA08-1021 (N.C. App. Sept. 15, 2009). Click here for a copy of the case opinion.
  • Punitive damages upheld when Court believed there was sufficient evidence that defendant’s restaurant manager’s conduct was willful and wanton based upon his conduct toward plaintiff at the restaurant. Everhart v. O’Charley’s Inc., No. COA08-1454 (N.C. App. Oct. 6, 2009). Click here for a copy of the case opinion.
  • Plaintiff (representative of deceased employee) failed in her burden of forecasting evidence that a parent company affirmatively undertook to provide a safe working environment at the parent company’s subsidiary plant, beyond concern or minimal contact about safety matters, and the parent company did not assume primary responsibility for industrial safety at the subsidiary’s plant.  Edwards v. GE Lighting Systems, Inc., No. COA09-247 (N.C. App. Nov. 3, 2009). Click here for a copy of the case opinion.
  • Plaintiff allowed to pursue claim to have “corporate veil” pierced of defendant company so that the obligation on a note by individual owning 99% of the stock of the defendant company could be satisfied from assets of defendant company, even though the company did not participate in the making of the note giving rise to the owner’s obligation. Fischer Investment Capital, Inc. v. Catawba Development Corp., No. COA08-1407 (N.C. App. Nov. 3, 2009). Click here for a copy of the case opinion.
  • Homeowners Association did not owe to a minor who was struck while riding his bike by a vehicular driver a legal duty to maintain the foliage in the common area of the housing subdivision. Fairbanks v. Brewington, No. COA09-237 (N.C. App. Jan. 19, 2010).  Click here for a copy of the case opinion.
  • Plaintiff was contributorily negligent when she tripped over an end table at a hospital, and she presented no evidence that her attention was diverted as she was walking. Snow v. Wake Forest University Baptist Medical Center, No. COA09-189 (N.C. App. Jan. 19, 2010). Click here for a copy of the case opinion.
  • Where the Complaint was not frivolous based upon the facts and the law, but because Plaintiff had a history of filing frivolous pleadings in general and against Defendant in particular, the trial court could conclude that Plaintiff filed the Complaint for an improper purpose. Ward v. Jett Properties, LLC, No. COA08-1508 (N.C. App. Feb. 2, 2010). Click here for a copy of the case opinion.
  • Where the plaintiff mother alleged that the city was negligent by failing to comply with safety statutes and city ordinances regulating the maintenance of city streets, obstructions to vision and traffic, and parking regulations, and she did not seek to recover damages for the death of her child based on a law enforcement agency's failure to exercise its general duty to protect the public, she was not barred by the public duty doctrine.  Beckles-Palomares v. Logan, No. COA09-567 (N.C. App. Feb. 2, 2010). Click here for a copy of the case opinion.
  • The improvement-to-real-property statute of repose does not apply to a claim against a city for failing to maintain its streets because a city has the duty to exercise a continuing supervision over its streets in order that it may know their condition and it is held to have knowledge of a defect which such inspection would have disclosed to it. Beckles-Palomares v. Logan, No. COA09-567 (N.C. App. Feb. 2, 2010). Click here for a copy of the case opinion.

Office Location

Phone:
336.282.8848
Fax:
336.282.8409
3203 Brassfield Road Greensboro, NC 27410
NC Personal Injury Lawyers