Trusted wrongful death lawyers with over 13 years of experience.
If you’ve lost a family member due to someone else’s negligence in Cary, our Cary, NC wrongful death lawyer can investigate the cause, identify every responsible party, and pursue full compensation under North Carolina’s wrongful death statute. The Burton Law Firm has handled wrongful death and catastrophic injury matters across Wake County for more than 13 years. We take every wrongful death case on a contingency fee basis, so there is no fee unless we recover for you. Call today for a free case review.
Wrongful Death Lawyer Cary, NC
A Cary wrongful death lawyer handles a category of case that requires care and patience above all else. The legal work is similar in structure to a serious personal injury claim, but the dynamics are different. The job of the attorney is to take the legal weight off the family’s shoulders so they can focus on what matters, while still building the case carefully enough to recover what the law allows.
A wrongful death attorney in Cary, NC also takes on the practical work of investigating the incident, dealing with insurance carriers, and building the file. Families dealing with a sudden loss are rarely in a position to handle that work themselves, and they shouldn’t have to. We document the cause of death, identify every potentially liable party, and develop the damages picture in a way that reflects the full impact on the family.
Types of Wrongful Death Cases We Handle in Cary
Wrongful death claims arise from any incident in which someone’s negligence or wrongful conduct causes a fatality. Below are the matters our firm sees most often.
- Car accidents. Motor vehicle wrecks are a leading source of wrongful death claims. We investigate the crash, identify every available insurance policy, and build the file the same way we would for a catastrophic injury case.
- Truck accidents. Commercial vehicle wrecks frequently produce fatal injuries. Federal trucking regulations come into play, and carriers typically have higher policy limits.
- Motorcycle accidents. Riders thrown from a bike at speed can suffer fatal head, chest, or internal injuries. We document the crash dynamics and respond to the rider-bias arguments adjusters often raise.
- Bicycle accidents. Cyclists struck by drivers can suffer fatal injuries, and the contributory negligence defense comes up the same way it does in non-fatal bicycle cases.
- Drunk driving accidents. Wrecks involving an impaired driver may support punitive damages on top of compensatory recovery, particularly where the conduct shows willful or wanton disregard for safety.
- Premises liability incidents. Falls involving older adults, head trauma, or stairway incidents can prove fatal, and a slip and fall case can become a wrongful death claim under the right facts.
- Brain injuries. Catastrophic head trauma that ultimately proves fatal still supports a wrongful death claim. The same is true of fatal spinal injuries, where extended treatment costs factor into the damages picture.
- Burn injuries. Property fires, defective products, and workplace incidents can produce fatal burn cases that frequently require fire investigators and product engineers in addition to the standard medical workup.
- Fatal pedestrian wrecks. People struck by drivers often suffer fatal injuries even at low speeds. Crosswalk evidence, signal timing, and driver attention all factor into liability.
- Other fatal incidents. Drowning, electrocution, asphyxiation, and other unusual incidents can support a wrongful death claim where negligence is established.
Why Choose The Burton Law Firm for Wrongful Death Cases in Cary, NC?
Trial Experience and Insurance Background
Attorney Jason Burton is a fifth-generation trial lawyer with 13 years of experience handling wrongful death, catastrophic injury, and motor vehicle matters. He is licensed in North Carolina and Virginia. Mr. Burton graduated valedictorian and summa cum laude from Elon University School of Law and serves on its Advisory Board. He carries an Avvo rating of 10.0, has been recognized as a Rising Star by North Carolina Super Lawyers, and was named to the Top 10 Under 40 by the National Trial Lawyers. He is also a life member of the Million Dollar Advocates Forum.
Mr. Burton’s father spent his career as an insurance defense attorney. That background gives our firm an inside view of how carriers reserve, evaluate, and ultimately pay wrongful death claims, and we use that perspective when we put files together.
Documented Recovery in Wrongful Death and Catastrophic Cases
Our personal injury lawyer in Cary, NC has secured millions of dollars for clients across motor vehicle, premises liability, and wrongful death matters. Wrongful death cases require detailed investigation, careful coordination with the estate, and a clear-eyed view of the long-term impact on surviving family members. We make those investments because they translate directly into the value of the claim.
We work on contingency. No hourly billing, no retainer, no fee unless we recover money for you.
Understanding Wrongful Death Cases in North Carolina
Damages, Liability, and Compensation
North Carolina’s wrongful death statute allows several categories of damages, depending on the facts and the surviving family’s situation.
- Medical expenses related to the injury that caused the death
- Funeral and burial expenses
- Pain and suffering of the decedent prior to death
- Loss of net income, services, protection, care, and companionship the decedent would have provided to surviving family members
- Punitive damages where the conduct involved willful or wanton disregard for safety
North Carolina applies a strict contributory negligence rule. If the decedent is found even one percent at fault, recovery can be barred entirely. Defense counsel and adjusters routinely raise that argument in wrongful death cases, and answering it requires careful framing of the facts from the start.
Important Aspects in Your Wrongful Death Case
- Documentation of the financial contributions the decedent made to the family
- Medical records covering the decedent’s treatment from the incident to the time of death
- Identification of every available insurance policy, including any umbrella or excess coverage
- Witness statements taken close in time to the incident
- Preservation of physical evidence, photographs, and any video footage
Wrongful Death Case Timeline
- Initial investigation and evidence preservation in the first 30 days
- Medical record collection and damages development
- Demand package preparation and submission to all responsible insurers
- Negotiation and possible settlement
- Filing suit, discovery, and depositions if a fair settlement is not offered
- Mediation, trial, or final resolution
In North Carolina, the statute of limitations for wrongful death claims is two years from the date of death. That deadline is shorter than the standard personal injury statute, and missing it almost always ends the case.
What to Bring to Your Wrongful Death Consultation
- The death certificate, if it has been issued
- Any incident or crash report related to the death
- Names and contact info for witnesses, if available
- Medical records and bills covering the decedent’s treatment
- Information about the decedent’s income, employment, and household contributions
The consultation is free, and there is no pressure to sign anything that day. We walk through the facts, give an honest read on the case, and answer your questions in plain language.
North Carolina Legal Resources for Wrongful Death Cases
For families who want to understand the rules and resources available, these are reliable starting points.
- North Carolina General Statutes, including Chapter 1 on statutes of limitations
- CDC WISQARS injury data for searchable national statistics on fatal injuries
- NCDOT crash data for state and county traffic safety trends, including fatalities
- NHTSA crash data for federal-level statistics on motor vehicle fatalities
- North Carolina Department of Insurance for information on auto insurance requirements and consumer rights
North Carolina applies a contributory negligence standard, meaning the rules around fault are stricter here than in most other states. Damages in a wrongful death case can include both economic and non-economic losses, and the value of the claim often turns on the decedent’s role in the family. Statutes of limitations run from the date of death, with limited exceptions.
Reach Out to The Burton Law Firm to Schedule a Consultation
If you’ve lost a loved one due to someone else’s negligence in Cary, our firm is ready to help. The consultation is free, and we work on contingency, so there is no fee unless we recover for you. Contact us today to schedule a time to talk.
