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How to File a Wrongful Death Claim After a Drunk Driving Accident in North Carolina

February 11, 2025

Losing a loved one in a drunk driving accident is a devastating and life-altering experience. When someone’s reckless decision to drive under the influence leads to a fatal crash, the surviving family members have the right to pursue a wrongful death claim. This legal action seeks to hold the at-fault driver accountable while providing financial compensation to help ease the burden of the loss.

At Dewey, Ramsay & Hunt, P.A., our Charlotte wrongful death attorneys fight for grieving families to obtain the justice and financial recovery they deserve. Here’s what you need to know about filing a wrongful death claim after a drunk driving accident in North Carolina.

Wrongful Death Claim After a Drunk Driving Accident

Who Can File a Wrongful Death Claim in North Carolina?

Under North Carolina law, only the deceased’s estate representative can file a wrongful death claim. If the deceased had a will, this is typically the person named as the executor. The court may appoint a family member to serve in this role if there is no will.

While the personal representative files the claim, compensation is awarded to the deceased’s surviving family members, including:

  • Spouse and children.
  • Parents (if the deceased had no spouse or children).
  • Other dependents or heirs, as determined by law.

Proving Wrongful Death in a Drunk Driving Accident

To successfully pursue a wrongful death claim, you must establish that the drunk driver’s negligence directly caused the fatal crash.

This requires proving:

  • The driver was negligent – Driving under the influence violates North Carolina DUI laws and demonstrates reckless behavior.
  • The crash caused fatal injuries – Medical records and accident reports must link the crash to the victim’s death.

In some cases, bars, restaurants, or other establishments that served alcohol to an already intoxicated person may also be held liable under North Carolina’s dram shop laws.

Compensation Available in a North Carolina Wrongful Death Claim

A wrongful death claim seeks to compensate surviving family members for the losses they have endured. Compensation may include:

  • Medical expenses related to the victim’s final injury or illness.
  • Funeral and burial costs.
  • Lost income and benefits the deceased would have provided.
  • Pain and suffering endured by the victim before passing.
  • Loss of companionship, guidance, and support for the family.
  • Punitive damages in cases of extreme negligence, such as drunk driving.

Steps to File a Wrongful Death Claim After a Drunk Driving Accident

  • Obtain the Police Report and Evidence of Drunk Driving

Request a copy of the official police report, including details of the crash, witness statements, and evidence of the driver’s intoxication. Additional evidence, such as surveillance footage or toxicology reports, can strengthen your case.

  • Open an Estate and Appoint a Personal Representative

Since the personal representative of the estate must file wrongful death claims, the first step is to ensure an estate is opened in North Carolina probate court. The court may appoint a surviving family member if no executor was named in a will.

  • Work With a Skilled Wrongful Death Attorney

Wrongful death cases are legally complex, especially when dealing with insurance companies and potential dram shop liability.

Our skilled Charlotte wrongful death attorneys can:

  • Gather evidence to prove liability.
  • Determine all possible sources of compensation.
  • Handle negotiations with insurance companies.
  • Take the case to court if necessary.

If your loved one was killed in a drunk driving accident in North Carolina, you don’t have to face this fight alone. Your family deserves justice. Let us help you get the compensation and accountability you deserve. Call Dewey, Ramsay & Hunt, P.A. today at 704-377-3737 or contact us online for a free consultation.

We provide unique legal services tailored to each client’s needs and do not get paid unless you do.

Your Injury, Our Fight. How can we help you take a stand?

Because every case is different, the description of awards and issues previously managed by our law firm does not guarantee a similar outcome in current or future cases.

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