First Steps to Take in Wrongful Death Cases

A wrongful death claim can be filed by family members of a deceased person whose death may have been caused by the unjust actions of another. Regardless of whether it was intentional, reckless or negligent, acts that directly lead to the death of a person may all be brought to court as wrongful death claims by the survivors of the deceased individual.

If your loved one recently died as a result of negligence, reckless behavior or intentional harm, or if a hazardous product on the market directly contributed to your relative’s death, you may be considering filing a wrongful death claim. Here are some guidelines for how to proceed with a wrongful death case, as well as frequently asked questions about filing a wrongful death suit.

Who is allowed to file a wrongful death claim?

The answer varies by state, but Louisiana law dictates that the surviving spouse or children of the deceased may file a lawsuit for wrongful death. If there are no surviving spouse or children, the surviving parent or parents of the deceased may file the claim. If there are no surviving parents, the surviving siblings may file suit, and if there are no surviving siblings, then the wrongful death claim may be filed by the surviving grandparents of the deceased.

What do the damages in a wrongful death case cover?

When filing a wrongful death claim, the damages may be available to cover losses that are both economic and non-economic. Economic losses include expenses such as funeral and burial costs, medical bills, lost household wages and benefits, and bills for property damage incurred in the incident that caused the wrongful death. Non-economic losses are the losses which can’t be measured by bills or receipts, such as the pain and suffering of the deceased person and his or her loved ones, or the loss of a family member as a result of an untimely death.

How do I file a wrongful death lawsuit?

If you feel you lost your loved one as a result of an individual’s recklessness, negligence or intentional harmful actions, you may be eligible to file a wrongful death claim. The experienced wrongful death attorneys at Waitz & Downer can assist you with filing your wrongful death lawsuit, advise you of your legal rights as a close relative of the deceased, and guide you through the wrongful death lawsuit process each step of the way.

Losing a close relative is always a difficult time- the attorneys at Waitz & Downer can make your load a little lighter. Contact Waitz & Downer today to schedule a consultation with a wrongful death attorney in Thibodaux, LA.