Durham Wrongful Death Lawyer

At Constantinou & Burkert Accident Injury Lawyers, we know that losing a loved one unexpectedly is one of life’s most devastating experiences. When that death is caused by the negligence, recklessness, or intentional actions of another party, the grief, funeral expenses, and legal uncertainties can feel unbearable. In addition to mourning, families often face overwhelming financial expenses, emotional loss, and complex questions of liability. Whether you’re the surviving client, a victim’s representative, or a family member, our experienced team guides you through every aspect of the litigation process. That’s why we’re here—to provide clear guidance, strong representation, and compassionate support every step of the way, backed by decades of proven results in wrongful death settlement law. 

Our firm is proud to offer experienced Durham wrongful death lawyers who have helped countless clients across North Carolina seek justice and fair compensation for the death of their family members. Every victim deserves to have their story heard, and we approach each case with the compassion and dedication it deserves. Whether you’re visiting our office for the first time or calling to ask about your rights as a representative of the decedent, our approach is centered on the individual needs of each client—we listen, we act, and we deliver results. 

What is a Wrongful Death Case?

A wrongful death case arises when the negligence, carelessness, or intentional misconduct of another causes the death of a person. These cases fall under civil litigation, not criminal prosecution, and are designed to help surviving family members recover damages for their losses. At our law firm, we pursue claims on behalf of the decedent’s estate and next of kin, working across multiple fields of injury law to ensure justice is served. While no amount of money can replace a family member, a successful wrongful death claim can bring a sense of closure, provide financial relief, and hold the defendant accountable for their actions. As part of our services, we operate on a contingency basis—meaning you pay no legal fees unless we achieve a positive result. Every case is approached with care, legal insight, and a commitment to delivering meaningful content and support to those in need. 

In North Carolina, wrongful death claims must be filed by the personal representative of the decedent’s estate. This can be a spouse, adult child, parent, or legal representative. Our team of Durham wrongful death attorneys can assist in determining who may file and help initiate the proper legal actions.

Common Causes of Wrongful Death

Wrongful death cases can stem from many different types of incidents and accidents. At Constantinou & Burkert, our lawyers have experience handling a broad range of wrongful death lawsuits, including:

• Vehicle accidents (car, truck, motorcycle, pedestrian)
• Defective or dangerous products
• Medical malpractice and surgical errors
• Nursing home neglect or abuse
• Workplace accidents
• Construction site fatalities
• Fatal injuries due to unsafe premises or hazardous conditions
• Criminal actions resulting in death

In each case, we thoroughly investigate the incident, collect crucial evidence, and work with medical and forensic experts to build a strong claim for damages.

What Compensation Can Be Recovered?

Surviving family members may be entitled to a range of compensation to help address the financial, emotional, and practical fallout from their loss. A successful wrongful death lawsuit may include compensation for:

• Funeral and burial expenses
• Medical costs related to the decedent’s injury
• Loss of the decedent’s income, benefits, and future earnings
• Loss of companionship, care, and guidance
• Emotional pain, trauma, and suffering
• Loss of household services and support
• Punitive damages in egregious cases involving gross negligence or malicious actions

Each death case is different, and the amount of compensation available will depend on several factors—including the circumstances of the accident, the value of lost income and care, and the plaintiff’s legal status.

Understanding North Carolina’s Wrongful Death Laws

North Carolina law governs how wrongful death claims are handled, and it’s critical to understand the nuances to protect your rights. Some key legal considerations include:

Statute of Limitations

A strict statute of limitations dictates how long you have to file a death claim. In North Carolina, that period is generally two years from the date of death. If this deadline passes, your claim may be permanently barred. Our attorneys ensure your case is filed on time and fully compliant with state law.

Who Can File

Only the personal representative of the deceased’s estate may file a wrongful death claim in North Carolina. However, the compensation awarded benefits the surviving family members, such as the spouse, children, or parents—and having an experienced Personal Injury Lawyer on your side ensures the process is handled with precision and care. 

Proving the Case

To succeed in a wrongful death lawsuit, your lawyer must show:

1. That a death occurred
2. That the negligence or misconduct of another caused the death
3. That the surviving family has suffered damages
4. That the responsible party had a duty of care that was breached

Our team gathers evidence, interviews witnesses, and works with accident reconstructionists, financial experts, and medical professionals to build the strongest case.

The Constantinou & Burkert Difference

What sets Constantinou & Burkert Accident Injury Lawyers apart is our deep legal expertise and unwavering commitment to the people we serve. When you work with us, you can expect:

• Personalized attention from a dedicated death attorney
• Clear, honest advice about your legal rights
• Skilled representation in negotiations or court
• Thorough evaluation of your case
• Regular updates and open communication
• No upfront fees—you pay nothing unless we win

We know that added stress is the last thing you need during this difficult time. That’s why we make the process as smooth and straightforward as possible.

Compassionate Counsel Aggressive Advocacy.

We don’t just fight for compensation—we fight for justice. Whether negotiating with insurance companies or representing you at trial, our death lawyers tirelessly pursue a just outcome. We advocate for the family, for the memory of the deceased, and for a safer future where similar tragedies are prevented.

Each death case is personal to us. Behind every file is a grieving family, a shattered life, and a chance to make things right. We treat our clients like people—not cases—and take the time to understand their situation, their goals, and their pain.

What to Expect During Your Consultation

If you’re unsure whether you have a valid claim, the best step is to schedule a free consultation with one of our experienced Durham wrongful death lawyers. During this meeting, we will:

• Review the facts of your case
• Answer your questions about the process
• Help identify the potential parties at fault
• Explain your options under North Carolina law
• Discuss potential damages, timelines, and strategies
• Offer honest feedback and legal advice

We’ll also help with initial paperwork, estate matters, and any necessary filings with the court. You don’t need to have all the answers—we’re here to help you every step of the way.

Real Help for Real People

We’ve represented clients from all walks of life—construction workers, nurses, students, business owners—each facing unimaginable loss due to another’s negligence. Whether it’s a fatal accident caused by a drunk driver or a death resulting from a defective product, we’re equipped to handle even the most complex death lawsuits.

We’ve helped recover millions in settlements and verdicts, providing financial relief, peace, and accountability. Your case deserves the same level of attention, dedication, and expertise.

Call Today — Get the Help You Deserve

If you’ve lost a loved one due to someone else’s negligence, don’t wait. The sooner you take legal action, the better your chances of protecting your rights and securing the compensation your family needs.

Contact Constantinou & Burkert Accident Injury Lawyers today for a free, confidential consultation with a compassionate Durham wrongful death lawyer. Let us handle the legal burdens while you focus on healing and remembering the person you lost.

Call now or submit your information using our secure form, including your name, phone, and a brief description of your situation.

We’re not just attorneys—advocates, allies, and human beings who genuinely care.

Frequently Asked Questions

1. How long does a wrongful death lawsuit typically take to resolve in North Carolina?

The timeline varies depending on the complexity of the case, available evidence, and whether the case settles or goes to trial. However, most wrongful death claims are resolved within 6 months to 2 years.

2. Can I file a wrongful death claim if the decedent didn’t have a will?

Yes. Even if there is no will, a court can appoint a personal representative—often a close family member—who can legally file the wrongful death lawsuit on behalf of the estate.

3. What if the deceased was partially at fault for the accident?

North Carolina follows a strict contributory negligence rule. If the decedent is found to be even 1% at fault, recovery could be barred. An experienced attorney can evaluate and potentially challenge fault assessments.

4. What types of evidence are used to prove wrongful death?

Evidence can include accident reports, medical records, witness statements, surveillance footage, expert testimony, and financial documentation of losses.

5. Can wrongful death cases involve criminal charges, too?

Yes. A wrongful death case is civil, but it can run parallel to a criminal case if the responsible party faces charges like manslaughter or homicide. The civil claim is independent of the criminal outcome.

6. Is emotional suffering by surviving family members considered in a wrongful death claim?

Absolutely. Emotional pain, mental anguish, and loss of companionship are considered non-economic damages and are often part of the compensation sought.

7. Can multiple family members file separate wrongful death claims?

No. Only the estate’s representative can file the claim, and any compensation is distributed to beneficiaries according to North Carolina law.

8. Are wrongful death settlements taxable?

Generally, wrongful death settlements that are compensatory are not subject to federal income tax. However, punitive damages and interest earned may be taxable—consult a tax professional for details.

9. What happens if the defendant doesn’t have insurance or assets?

Even if the at-fault party lacks insurance or resources, you may still have options, such as uninsured motorist claims or pursuing other liable parties. Your attorney can explore alternative avenues for recovery.

10. Can a wrongful death claim be reopened after settlement or verdict?

Once a case is settled or a verdict is reached and accepted, it cannot be reopened. That’s why working with an experienced legal team from the beginning is crucial to ensure all damages are properly evaluated.