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Welcome to the Kellum Law Firm YouTube channel. If you find this video helpful, please hit the like button, subscribe to our channel, and visit us online at KellumLawFirm.com. We’re based in North Carolina and have been helping families navigate wrongful death claims for decades.
Today, we’re discussing a critical topic: Common Defenses in Wrongful Death Cases—What You Need to Know. If you’re pursuing a wrongful death lawsuit, understanding how the defense might try to avoid liability is key to building a strong case. Let’s break down some of the most common defenses and what you can do about them.
One of the most frequently used defenses in North Carolina is contributory negligence. Unlike most states, North Carolina follows a pure contributory negligence rule, which means if the deceased is found even 1% at fault, the family may be barred from recovering compensation. This can be devastating for families seeking justice. Insurance companies and defense attorneys will try to argue that the victim’s actions contributed to their death, so working with an experienced wrongful death attorney is crucial in countering this claim.
Another common defense is lack of causation. The defendant may admit that they acted negligently but argue that their actions weren’t the direct cause of death. For example, in a medical malpractice case, a hospital might claim that the patient had an underlying condition that would have resulted in death regardless of the doctor’s mistake. In these cases, expert testimony from medical professionals and forensic specialists can be critical in proving causation.
The assumption of risk defense is also frequently used, especially in cases involving hazardous activities. If the deceased knowingly engaged in a dangerous activity—such as skydiving, motorcycle racing, or working in a high-risk profession—the defense may argue that they voluntarily accepted the risks involved. However, this doesn’t mean the defendant is off the hook. If negligence or safety violations played a role, families may still have a strong case.
In some cases, the defense will try to argue statute of limitations expiration—meaning too much time has passed since the death for a claim to be legally filed. In North Carolina, the deadline for filing a wrongful death lawsuit is two years from the date of death. If a claim is filed too late, the court may dismiss the case. This is why it’s essential to act quickly and consult an attorney as soon as possible.
Lastly, defendants may claim lack of standing, meaning that the person filing the lawsuit does not have the legal right to do so. In North Carolina, only the personal representative of the deceased’s estate can file a wrongful death lawsuit. If there’s confusion about who has the legal authority to bring the claim, it’s best to seek legal guidance to ensure the right person files the case.
These defenses can be frustrating and emotionally draining for families already dealing with loss. That’s why having a skilled wrongful death attorney on your side is so important. At Kellum Law Firm, we help families fight back against these tactics and seek the justice they deserve.
If you have questions about a wrongful death case, we’re here to help. Visit KellumLawFirm.com for more information or to schedule a consultation. Thanks for watching—be sure to like, subscribe, and stay tuned for more legal insights.
