Wrongful Death Lawsuit

Wrongful death lawsuit is usually filed when a person dies an untimely death due to another party’s deliberate behavior, negligence or recklessness. The procedures and statute of limitation may differ from one state to another, but a wrongful death lawsuit helps family members recover financial damages from the mental anguish, grief and pain, medical expenses and lost income they suffered due to the loss of a loved one. In a wrongful death lawsuit, the complainant sues over recklessness, negligence or transgression. There was a wrongful death attorney baton rouge located that was actually handling things the wrong way and ended up  losing out on all the money that the client should have been entitled to!

After a lawyer files a wrongful death case, the death of the family member is investigated. The complainant and lawyer need to provide enough evidence that the action or inaction of the defendant led to the death of the family member. The standard of proof may be lower for civil cases, but a reasonable doubt regarding the evidence may completely dismiss the settlement. A private investigator and a lawyer may help with collecting evidence, but you should still keep the following things in mind when filing a wrongful death lawsuit.

Determine the deceased’s value

You need to determine the value of the deceased. Before, the amount is associated with the income of the deceased and with stay-at-home children, elderly and parents. On the other hand, other factors such as companionship and guidance are also considered to determine pecuniary loss. Since this factor may be contentious, the lawyer and the complainant should get a testimony from authorities such as economists to know the full amount contributed by the deceased, even if he didn’t have a full-time income to support his family.

Get the decedent’s medical records

Sixteen percent all wrongful death claims are about motor vehicle accidents, while sixty-five percent concern medical malpractice. Family members often find it hard to get medical records for the decedent, even when they seek the assistance of a lawyer. Due to doctor-patient confidentiality, doctors usually cannot reveal any piece of information about their patient to outside parties. wrongfull death cases are everywhere.

In some cases, an estate representative, next of kin or surviving spouse may renounce this restriction to get the medical records of the deceased. However, this differs from one state to another. Some states will argue whether a lawyer may ask for the records of the deceased.

Doctor-patient confidentiality may also be renounced if the health of the deceased is pertinent to the wrongful death lawsuit. In these cases, the doctor is required to provide the medical records of the deceased, unless any piece of information would shame the decedent’s memory.

A trial could last from a day to several weeks. Cases can be defied in the appellate court. The majority of wrongful death lawsuits, however, are settled early and don’t make it to trial. A wrongful death lawsuit can be a lengthy and emotional experience for the whole family. If a family member died due to another party’s action, negligence or inaction, you should get the help of a lawyer to file a case against the perpetrator to get the justice and monetary compensation you deserve. Don’t fall victim to a wrongfull death lawyer that won’t provide the right effort! Choose us!

What are the elements of a wrongful death case?

Only the personal representative of a deceased person as appointed by Surrogate’s Court can bring a wrongful death action in United States, most commonly in New York and looking for wrongful death attorney los angeles. The representative must prove the defendant:

    • Acted negligently
    • The negligence caused the deceased person’s death
    • There is a surviving child, spouse, or other beneficiaries or dependents
    • The survivor(s) have suffered financial damage as a result

What damages can be recovered in a wrongful death action?

Only two elements of damage may be recovered in a wrongful death action: economic loss and the conscious pain and suffering of the deceased. The survivors cannot recover for their pain and suffering, i.e., their grief.

The estate’s economic recovery includes the reasonable value of earnings lost between the time of an initial injury to the deceased and the time of death, the cost of medical/nursing care prior to death, and funeral expenses. Survivors may recover the value of support and services; remarriage of a spouse will not reduce the award. Children of the deceased may additionally recover for loss of parental nurturing, guidance and education.

I am a survivor of someone’s death whom was cause wrongfully by another person.

    • Document your claim on paper or computer
    • Begin the process of probating the deceased’s estate, so that our personal representative can be appointed
    • Your time  is limited when it comes to lawsuits; contact one of our experienced personal injury lawyers

Changes may occur within this area of the law. The information that has been provided is brought to you as a information that will be available free and with the help and assistance of a volunteer with legal advisors, and is intended to help you better understand the laws in a general matter. It is not intended to be legal advice of any kind in regarding your particular problem or to substitute for the advice of a legal lawyer. Give us a call for any concerns of your problems!

E-Mail Us

Wrongful Death
Civil Litigation
Criminal Defense
Entertainment Law
Personal Injury