Car accidents, use of defective products, criminal acts, and even medical malpractice are the common causes of wrongful deaths in the US. And every year, over 90,000 deaths occur due to medical malpractice alone. In such tragic circumstances, the law allows surviving family members to seek justice through a wrongful death claim.
Louisiana wrongful death attorney Tedrick Knightshead says while no amount of money can ever replace a loved one, it’s crucial to hold liable parties accountable for their actions and ensure you and your family do not suffer financially.
Informing families of their rights allows them to pursue legal action and hold responsible people accountable for the wrongful death of their loved one.
Understanding Wrongful Death Claims
Wrongful death claims are essential for the victims whenever someone dies because of the negligence or intentional acts of another person. Such claims enable surviving family members to receive monetary compensation for their loss, medical expenses, lost wages, and pain and suffering they endured.
They seek to put an end to the unlawful acts through which the guilty party operates, hence offering some restitution in an otherwise chaotic and disturbed moment.
You may feel overwhelmed but in knowing your rights, you have the power to act upon them. Gather evidence and retain an attorney to assist in handling the matter.
Common Causes of Wrongful Death
Various factors can bring about wrongful death claims, mostly negligence or recklessness being the basis of such claims. The usual ones involve road accidents, where traffic regulations are disobeyed. Others are medical malpractice, where a healthcare professional commits a serious error that caused birth injuries, surgical injuries, adverse reaction to medications or brain injuries that ultimately led to death.
Workplace accidents also cause colossal damages when safety protocols are not adhered to in potentially dangerous environments. To make matters worse, the defective products can kill as well, causing utter despair in the families.
Intentional acts like violent crimes may also fall into wrongful death claims. Recognizing such causes can draw your attention to the hazards present in everyday life and how they can affect a loved one.
This is a good lesson on how important it is to be aware of these things in order to make everyone responsible for protecting each other.
Who Can File a Wrongful Death Claim?
If you’ve lost a loved one through somebody else’s negligence, you might be asking whether you can obtain some kind of redress. Immediate family members, such as the spouse, child, or parent, can make an application to file a claim for damages.
In some states of the Union, in rare instances, siblings or other close blood relations can also sometimes qualify for such damages. Laws vary by state, so consult a lawyer to see if you can file for family rights protection.
Legal Process for Filing a Claim
Going through the legal steps for an unjust death claim can be scary. But if you know what to expect, you can follow through the process with ease.
To begin, get the papers you need. These include the death record and proof of negligence.
During this ordeal, having an experienced attorney is helpful to guide you through the legal jungle of filing a claim.
Your wrongful death lawyer will proceed to file a formal complaint in court detailing your case. Then ensues a discovery phase where both parties exchange information.
Your case will be settled out of court or go to trial. Remember that a strong support system is there to back you through every step. You can relax and follow through with the process as needed.
Potential Damages in Wrongful Death Cases
Potential damages in wrongful death claims can greatly affect surviving family members. You may seek damages for the loss of medical expenses, funeral expenses, and lost income that your loved one might have earned.
A few more factors to consider would be the emotional suffering involved in the case: damages can be assessed for pain and suffering from the loss of companionship, guidance, and support.
One thing to understand is that these cases are unlike one another, and damage awards can vary greatly.
Wrongful death suits strive for justice for the departed as well as some financial stability for you and your family during this difficult time. You are allowed to rebuild your future and move forward.
