clauson law

Durham Wrongful Death Attorney

When to Hire A Wrongful Death Attorney In the Insurance Claim Process?

Suffering the death of a family member because someone acted negligently or failed to act responsibly is an especially painful loss. At the Clauson Law Firm, we know these tragic deaths occur far more frequently than you might think. Sixty-five people died in auto accidents in Durham between 2017 and 2019. Here in North Carolina, the number of people killed in accidents of various sorts climbed every year since 2012. In 2017 alone, almost 5,985 people died “accidentally.”

Many of those deaths, maybe thousands of them, resulted from another person’s negligence. In law, we call them “wrongful deaths.” Wrongful deaths can be caused by someone driving into an intersection without being careful, running a red light or a stop sign, speeding in bad weather, texting while driving, or by a thousand other possible scenarios.

But wrongful deaths are also caused by poor medical treatment (malpractice), misdiagnosis of an illness, missing a diagnosis entirely (failing to spot cancer). Did you know that a 2018 Johns Hopkins study showed that doctors’ errors are the third leading cause of death in the United States?

Wrongful Death Claims

In North Carolina, if your family member or loved one died from an injury caused by the negligence of another person or corporation, then the victim’s personal representative can make a claim for compensation from the negligent party and their insurance company. In such tragic cases, the victim’s family needs to seek the help of an experienced, professional, wrongful death lawyer to ensure that every technical procedure is followed, and every damage suffered by the family is accounted for.

A wrongful death claim can even be brought in situations where your loved one died from someone’s criminal act.

Clauson Law Firm can help you protect your rights before any opportunity to seek justice is lost. Contact us without delay.

Statute of Limitations

TIME IS IMPERATIVE – North Carolina law requires that any wrongful death lawsuit must be filed within 2 years of the date of the death, but also no later than three years from the date of the injury that ultimately results in the victim’s death. That means that if an accident victim suffers a grave injury in a car accident but fights for their life in a hospital for six months before passing away, the 2-year clock begins ticking from the date of the accident, not from the date of the death. There are some exceptions, but if the victim’s family misses the deadline to file the wrongful death claim, they lose their opportunity to get the full measure of justice for their deceased love one.

The Clauson Law Firm ensures that your claim is handled professionally and as top priority.

What Can We Recover?

The law in North Carolina lists a wide range of damages survivors are entitled to recover from the negligent party and their insurer in wrongful death cases.This money is intended to address all the financial losses and the unique, impossible-to-replace companionship of the deceased. Of course, no amount of money will every make up for the heartbreaking loss of your loved one, but the law hopes to provide the most just compensation possible in view of the tragedy.

A professional wrongful death lawyer at the Clauson Law Firm will work hard to recover these damages:

  • All expenses for care, treatment and hospitalization for the injury resulting in death,
  • Compensation for the pain and suffering of the decedent between the injury and the victim’s death,
  • All funeral expenses,
  • The monetary value of the victim’s net income to the persons entitled to receive the damages recovered,
  • Fullest possible compensation for the lost services, protection, care, and assistance of the decedent to the person receiving the damages, as well as the loss of social comfort and intimacy of the victim
  • Punitive damages in cases where the victim died because of the malice or wantonness of the person responsible for their death.

How We Help

We will immediately begin to reduce your stress by answering all your questions and fully explaining the wrongful death claim process. Our experienced team will gather all the facts and evidence relating to the accident and the death of your loved one. We take all the steps necessary to aggressively press your claim to win the highest, most just compensation for the loss suffered. We’ll pursue all avenues of recovery and keep you informed throughout our efforts on your behalf.

Clauson Law is the experienced professional you and your family need when you suffer the tragic death of a spouse, a child, a sibling, or a parent. Get justice. Get help. Get the Clauson Law Firm on the case.

Contact Clauson Law today by clicking here.

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