Wilmington Wrongful Death Attorney

A wrongful death claim arises when someone is killed because of the negligent or reckless acts of another person or entity. When you are unsure of your rights or if you have the legal eligibility to file a claim. An experienced Wilmington wrongful death lawyer can be the most important person you speak with.

The Benefits of Hiring a Wilmington Wrongful Death Attorney

If You’ve Tragically Lost a Loved One, We’re Here for You.

Do you live in the Wilmington area? Have you recently and tragically lost a loved one as the result of an accident for which he or she was not at fault? If so, you are probably experiencing any number of emotions – pain, grief, loneliness, and even anger. All of these feelings are normal and understandable, and at The Clauson Law Firm, we have served many clients who once stood in your shoes. Losing a loved one is one of the worst things imaginable in life. Unfortunately, there is no legal remedy in the world that can take the place of your loved one, or totally ease your pain. You should know, however, that if you have lost a loved one as a result of an accident, you may be entitled to file a wrongful death claim.

What are the Grounds for Bringing a Wrongful Death Claim?

In North Carolina, grounds for a wrongful death claim exist when a person’s death has been caused by the wrongful or negligent behavior of another. Essentially, if the person who tragically died could have brought a personal injury claim him or herself had she lived, the person’s loved one may stand in his or her shoes and bring the claim as a wrongful death action.

In order to successfully establish a wrongful death claim, there are essentially four elements that must be proven:

  • Duty:This means establishing that the defendant in the case had some sort of legal duty toward the person who passed away. For example, on the roadways, we all have the legal duty to act reasonably and with the safety of other drivers in mind. When we own a property, we have a legal duty to maintain that property in a safe manner, particularly if we are going to invite others onto that property. When products are manufactured, the manufacturer has a legal duty to design that product in such a way that it does not harm those who use it appropriately. These are just a few examples of the types of legal duties that we owe to one another.
  • Breach of duty:This simply means that the person had a duty and failed to act in accordance with that duty. In the case of a driver for example, it might mean that he or she was driving his or her car negligently or recklessly in such a manner as to cause an accident.
  • Causation:This means that the negligent action of the other party caused the accident at issue and the resulting death.
  • Damages:The accident caused by the negligent behavior caused damages to the victim of the accident – in some cases, damages would be injuries or damage to personal property, but in the case of a wrongful death claim it would be that the victim of the accident tragically passed away as a result of the negligent behavior.


Those who successfully bring a wrongful death claim as a result of the death of a loved one may recover a variety of damages, including:

  • Reimbursement of expenses for the treatment and hospitalization of the loved one prior to death;
  • Compensation for pain and suffering;
  • Payment of reasonable funeral expenses for the deceased;
  • Compensation intended to replace the income and anticipated future earnings of the deceased;
  • Damages for loss of consortium;
  • And more.

Those who have lost a loved one and are ready to move forward with a wrongful death claim should always consult with a knowledgeable and experienced attorney who understands the law and what damages might be available in a particular case, as well as the best legal strategies to pursue those damages successfully.

Contact the Wilmington Wrongful Death Attorneys at The Clauson Law Firm Today

If you have tragically lost a loved one as a result of an accident caused by someone else’s negligence, the truth of the matter is that no amount of money will be able to replace that person, or to heal the grief that you are feeling. That doesn’t mean that you shouldn’t seek justice, though. You deserve compensation for the loss of your loved one, and you deserve to have a team of attorneys on your side who know and understand wrongful death law, and the best legal strategies to pursue on your behalf. At The Clauson Law Firm, we are that team.

We want to represent you in your wrongful death claim with the blend of aggressive, yet compassionate representation that you need for your claim to succeed. Although you will always grieve the loss of your loved one, you deserve compensation, and we’re here to help you fight for it. We are proud to have successfully represented countless clients in the Wilmington are as they have pursued their wrongful death claims, and we would be honored to have the opportunity to help you too. Please visit us on our website at www.clausonlaw.com, or call us at (833) 680-0177. We look forward to speaking with you soon.

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