What is Wrongful Death?

what is wronful deathIn every state, there is a wrongful death statute that provides those surviving a deceased party with the legal right to seek compensation for the negligent or willful act of another person or entity that resulted in their loved one’s death. The expert attorneys of Waitz and Downer often counsel surviving relatives on whether a case can be filed and, if so, the anticipated outcome of the case.

Who Can Be Held at Fault?

If your loved one has passed away, it’s important to understand that a person, governmental entity, or a company can be held at financially responsible if found guilty of negligence or a criminal act that resulted in or contributed to your loved one’s death. Examples of those who can be held at fault for a person’s death or for contributing to a person’s death include a perpetrator of a crime; a party at fault for an accident; a person in a position of authority or in charge of the deceased party’s medical care; a governmental entity for its procedures or lack thereof, employee’s actions or inactions, or equipment malfunction; and a company for a defective product sold, delivered and/or manufactured.

Who Can File a Wrongful Death Case?

In Louisiana, the surviving relatives allowed by law to file a wrongful death claim must do so within one year of the loved one’s death. These relatives, in order of who can file if the other family members are deceased or incapable of filing a claim, include:

  1. Spouse, children or adopted children
  2. Parent(s)
  3. Sibling(s)
  4. Grandparent(s)
  5. Deceased person’s estate

In some cases, other relatives may file a claim. If you have a question about whether you can file a wrongful death lawsuit, please call Waitz and Downer at 985-876-087 for your free case evaluation.

What Damages Can Be Awarded for a Wrongful Death Case?

Monetary damages can be awarded for a wrongful death claim under the subsequent headings:

  • Pain and suffering of the deceased before and at the time of death
  • Loss of emotional support, care, guidance and companionship for the surviving relative(s)
  • Funeral and burial expenses
  • Reimbursement of medical expenses
  • Loss of wages and benefits
  • Loss of household services
  • Property damage

Contact the Legal Experts of Waitz and Downer

The wrongful death attorney of Waitz and Downer are extensively experienced in fighting for fair justice in wrongful death claims. If you are in need of a free case evaluation for the wrongful death of a loved one, schedule a consultation appointment with Waitz and Downer in Houma, LA, today by calling 985-876-0870.