Infant Wrongful Death Attorney in North Carolina

Over 90 Years of Collective Experience Helping Families Seek Answers After Infant Loss

Losing a baby is the deepest kind of heartbreak. If you’re wondering whether your child’s death could have been prevented, you may feel torn between grief, anger, and uncertainty about what to do next. You don’t have to sort through those questions alone.

At Comerford Chilson & Moser, we help families across North Carolina when they believe medical negligence or other careless conduct led to the wrongful death of an infant. We listen first, then explain your options in clear, respectful terms so you can decide what’s right for your family.

Our attorneys bring over 90 years of collective experience to birth injury and wrongful death cases, and our firm has recovered millions of dollars for clients. We offer free, confidential consultations and work on contingency fees, so you don’t owe legal fees unless we recover compensation for you.

If your infant’s death was caused by negligence, our North Carolina infant wrongful death attorneys are here to help you seek justice. Call (336) 568-8779 to schedule a free consultation.

Why Families Choose Our Infant Wrongful Death Attorneys

When a baby dies unexpectedly, parents are often left with more questions than answers. Hospitals and providers may use complex medical terms, or they may simply say that nothing more could have been done. Families come to us because they want an independent review from lawyers who understand both the law and the realities of high-stakes medical cases.

We prepare every case for the possibility of trial. That matters especially in infant and baby wrongful death matters, where hospitals, insurers, and defense lawyers contest responsibility aggressively and arrive with significant resources. Building each case for court from the start can put your family in a stronger position.

We maintain a small, selective caseload so we can give each family the personal attention they deserve. Our goal is to understand your child’s story, the course of the pregnancy and delivery, and how this loss has affected your life. Your baby is never treated as just a file number.

Our lawyers have been recognized in Super Lawyers from 2006 through 2026, and our firm has been ranked among “Best Law Firms” by Best Lawyers. We also hold the AV Preeminent peer review rating from Martindale-Hubbell, the highest available. Combined with more than two decades in North Carolina courts since 1999, these recognitions reflect the standard we hold ourselves to for every family we represent.

When a Baby’s Death May Be Wrongful

Not every tragic loss is caused by negligence. Under N.C. Gen. Stat. § 28A-18-2, a claim may exist when a baby dies because a person or organization failed to act with reasonable care. Part of our role as infant wrongful death lawyers in North Carolina is to investigate what happened and help you understand whether the law may provide a path forward.

Situations that may involve wrongful conduct include:

• Failure to recognize and respond to signs of fetal distress during labor
• Delays in ordering a needed cesarean section when the baby is in danger
• Improper monitoring of the mother or baby during a high-risk pregnancy
• Medication errors affecting the mother or newborn child
• Untreated infections in the mother or baby that lead to severe complications
• Negligent resuscitation or breathing support immediately after birth
• Failure to diagnose and treat conditions like jaundice or sepsis in a newborn

In a North Carolina wrongful death case involving an infant, the claim is typically brought on behalf of the child’s estate by a personal representative, usually a parent. We can explain what that means, who may serve in that role, and how the process works, so your family doesn’t have to navigate it alone.

Your Legal Options Under North Carolina Wrongful Death Law

Understanding the legal framework helps families make informed decisions during an incredibly difficult time. North Carolina’s wrongful death statute and related procedural rules shape how these claims work from start to finish.

Who brings the claim: A wrongful death claim is brought by the personal representative of the child’s estate, typically a parent. Even when the child had no assets, an estate must be opened and letters of administration obtained through the Clerk of Superior Court.

Filing deadline: Under N.C. Gen. Stat. § 1-53(4), most wrongful death claims must be filed within two years of the date of death. In medical negligence cases, additional rules may affect that window depending on when the negligence was discovered or should have been discovered. Early consultation can help your family better understand and protect its rights.

Types of damages that may be available: Under N.C. Gen. Stat. § 28A-18-2, recoverable damages may include medical expenses related to the injury, the infant’s pain and suffering, reasonable funeral expenses, and the present monetary value of the child to the family, including loss of society, companionship, comfort, guidance, and advice. Proceeds are distributed according to North Carolina intestate succession statutes.

How we support families: We handle the legal work so families can focus on grieving and healing. We gather and review medical records, consult appropriate professionals, communicate with insurers, and prepare for settlement discussions or trial. At every stage, we explain each step in plain language, answer questions as they arise, and help families understand their options at their own pace.

Steps to Take After a Suspected Infant Wrongful Death

You may not feel ready to make decisions right away, and that’s understandable. At the same time, certain actions can help protect your family’s rights if you choose to move forward later.

Consider taking the following steps when you’re able:

• Request copies of your prenatal, labor, delivery, and newborn medical records
• Write down what you remember about conversations with doctors and nurses
• Keep discharge papers, test results, and any follow-up instructions in one place
• Avoid signing releases or detailed statements for insurers before getting legal advice
• Save any emails, messages, or letters from the hospital or clinic
• Reach out to a baby wrongful death attorney in North Carolina for a confidential review when you feel able

You don’t need to confront a hospital, doctor, or insurance company on your own. We can request records, communicate with providers, and deal with insurers on your behalf. We regularly speak with families who received care in Winston-Salem, Greensboro, High Point, and throughout the state, and we can arrange phone or video conferences if meeting in person feels too difficult at first. There is no charge to talk with us about what happened.

How We Support Your Family Through an Infant Wrongful Death Case

Deciding to explore a legal claim after the loss of a baby is deeply personal. Our role is to provide guidance, clarity, and advocacy at a pace that respects your grief, beginning with a conversation where you feel heard rather than rushed.

Listening & Initial Guidance
From the first conversation, we focus on understanding your concerns and creating space for questions so you feel informed and supported.

Thorough Investigation
We gather medical records and review the full history of the pregnancy, labor, delivery, and postnatal care. We also meet with you to understand your baby’s life and the questions that remain unanswered.

Evaluation of Medical Care
We assess whether care met accepted standards and identify where failures may have occurred.

Case Strategy & Advocacy
If a claim moves forward, we develop a strategy that may include insurance negotiations, filing suit in the appropriate North Carolina court, and preparing for trial if necessary.

Clear Decision-Making Support
At every stage, we explain your options, discuss mediation or trial when applicable, and help you evaluate settlement offers based on your family’s circumstances.

We keep our caseload small so families receive timely updates and responsive communication. Our attorneys have recovered hundreds of millions of dollars for clients firm-wide, and we bring that same commitment to every family we serve.

Frequently Asked Questions

How Do I Know If My Baby’s Death Was Wrongful?

The only way to know is through a careful review of the facts and medical records. We look at what providers knew, what they did, and what the standard of care required. In a free consultation, we can review your situation and discuss whether a wrongful death claim may exist.

How Long Do We Have to File in North Carolina?

Under N.C. Gen. Stat. § 1-53(4), most wrongful death claims must be filed within two years of the date of death. In medical negligence cases, additional rules can affect that deadline depending on when the negligence was or should have been discovered. We recommend speaking with our team promptly so we can evaluate the specific deadlines that apply to your case.

What Does It Cost to Hire Your Firm?

We offer free consultations and work on a contingency fee basis, meaning you don’t pay legal fees up front and don’t owe attorney fees unless we recover compensation for your family. We explain our fee structure clearly before you decide to proceed.

How Involved Will My Family Need to Be in the Case?

We handle the legal work and day-to-day contact with insurers and defense lawyers. You can expect to share your story, answer questions, and provide documents. We protect your time and emotional energy and prepare you carefully for any meetings or testimony that may be needed.

Will Bringing a Claim Blame Us for What Happened?

No. A wrongful death claim focuses on whether others failed to act with reasonable care, not on blaming parents. Many families pursue a claim to seek answers, accountability, and resources for healing. We approach every case with compassion and without judgment.