Losing a family member due to someone else’s negligence is devastating. When that loss was preventable, the law provides a path for families to hold the responsible party accountable.
Common causes of wrongful death in Asheville include motor vehicle and truck accidents, workplace incidents at Construction sites across the metro area’s ongoing development, manufacturing facilities, healthcare settings at Mission Hospital, and the tourism and hospitality industry that drives the regional economy, medical malpractice, premises liability, and defective products.
At Monge & Associates Injury and Accident Attorneys, our Asheville wrongful death lawyers have recovered over $1 billion for injury victims since 1993. The call is free, and you pay nothing unless we win.
If you were injured in Asheville or anywhere in Buncombe County, speak with our legal team at (828) 944-8674.
Monge & Associates Injury and Accident Attorneys — 1100 Ridgefield Blvd, Suite E, Asheville, NC 28806 · (828) 944-8674
Our Asheville attorneys are part of our statewide North Carolina personal injury lawyer team.
North Carolina Wrongful Death Law
Statute of Limitations: Two years from the date of death. Courts enforce this deadline strictly.
Who Can File: The personal representative of the deceased’s estate files on behalf of the statutory beneficiaries. Under N.C. Gen. Stat. § 28A-18-2, eligible beneficiaries include the surviving spouse, children, and parents. If there is no surviving spouse, child, or parent, other heirs at law may be eligible.
Damage Caps: North Carolina does not impose caps on economic or non-economic damages in most personal injury cases.
Pure Contributory Negligence: North Carolina follows pure contributory negligence, one of only a handful of states that still uses this strict standard.
Compensation in North Carolina Wrongful Death Cases
Families may recover compensation for medical expenses incurred before death, funeral and burial costs, lost future income and benefits the deceased would have earned, loss of companionship, comfort, guidance, and consortium, and the conscious pain and suffering of the deceased before death.
Holding All Responsible Parties Accountable
Wrongful death cases often involve multiple liable parties. Our attorneys conduct thorough investigations to identify every party whose negligence contributed to the death, including employers, property owners, product manufacturers, and healthcare providers.
What to Do After a wrongful death in Asheville
1. Seek Medical Attention. Even if injuries seem minor, get evaluated promptly. Mission Hospital (a Level II trauma center and the largest hospital in western North Carolina), Charles George VA Medical Center, and AdventHealth Hendersonville can provide immediate care.
2. Call Law Enforcement. Request an official police report.
3. Document Everything. Take photos of the scene, vehicles or hazards, and any visible injuries. Collect witness information.
4. Avoid Speaking With Insurance Adjusters Alone. Do not give recorded statements without consulting an attorney. In a contributory negligence state, anything you say can be used to assign fault and eliminate your recovery.
5. Contact a Asheville Wrongful Death Lawyer. At Monge & Associates Injury and Accident Attorneys, we offer free consultations and work on a contingency fee basis. You pay nothing unless we recover compensation for you.
Compensation Available in Asheville Wrongful Death Cases
Economic Damages: Medical expenses, lost wages, reduced earning capacity, property damage.
Non-Economic Damages: Pain and suffering, emotional distress, loss of enjoyment of life, loss of consortium.
Punitive Damages: In cases involving egregious misconduct, North Carolina courts may award punitive damages (capped at three times compensatory damages or $250,000, whichever is greater, with an exception for impaired driver cases).
Asheville Wrongful Death FAQs
How long do I have to file a wrongful death lawsuit in Asheville?
North Carolina gives injury victims three years (N.C. Gen. Stat. § 1-52) to file a lawsuit.
Who can file a wrongful death claim in North Carolina?
The personal representative of the deceased’s estate, filing on behalf of statutory beneficiaries including the surviving spouse, children, and parents.
Where will my Asheville case be heard?
Most cases are heard in the Buncombe County Superior Court, part of Judicial District 40.
How much does a Asheville wrongful death lawyer cost?
Monge & Associates Injury and Accident Attorneys works on a contingency fee basis. You pay nothing unless we win.
Contact a Asheville Wrongful Death Lawyer at Monge & Associates Injury and Accident Attorneys
If you were injured in Asheville, the team at Monge & Associates Injury and Accident Attorneys is ready to fight for your recovery.
Call us today at (828) 944-8674, or contact us online for a free consultation.