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When Does a Person Have Grounds for a Wrongful Death Claim

When individuals sustain serious injuries as the result of someone else’s reckless, malicious, or negligent behavior, they have the right to file a personal injury lawsuit and pursue compensation from the liable party. If the injuries are fatal, the victim’s loved ones may file a wrongful death claim on behalf of the deceased.

In simplest terms, you have a valid wrongful death claim if your loved one would have had grounds for a personal injury lawsuit had he or she survived. Successful wrongful death claims might involve car accidents, medical malpractice, industrial accidents, product liability, or premises liability.

If your loved one was a victim of wrongful death, contact Laborde Earles Law Firm to discuss your case. An Alexandria accident lawyer will help you gather evidence to prove negligence, liability, and the value of your damages.

We will compassionately represent your best interests and help you fight for the maximum compensation possible. Call 800-522-6733 to schedule a free case evaluation.

When Does a Person Have Grounds for a Wrongful Death Claim?

Pursuant to Article 2315.2, you may file a wrongful death lawsuit if you lose a loved one due to the fault of another and you are an eligible relative. The following relatives are eligible to file the lawsuit:

  • The deceased’s surviving spouse and children;
  • The deceased’s surviving parents;
  • The deceased’s surviving siblings; and
  • The deceased’s surviving grandparents.

The grounds for filing a wrongful death claim are essentially the same as those for filing a personal injury lawsuit. In order to have a valid case, you must prove the following four elements:

  • That the death of your loved one was the direct result of the carelessness, recklessness, or negligence of the allegedly liable party;
  • That the defendant owed a reasonable duty of care to the victim and breached that duty by acting in the way that he or she did;
  • That the breach resulted in your loved one’s death; and
  • That your family sustained actual, quantifiable damages.

What Kinds of Damages Can You Recover in a Wrongful Death Lawsuit?

According to the Louisiana Law Review, there are no restrictions on the kinds of damages that you can recover in a wrongful death claim, as long as you incurred them as a direct result of your loved one’s death. There are three main kinds of damages that you can include in settlement negotiations: economic, non-economic, and punitive. Some of the most common damages include:

  • Medical bills associated with the death;
  • Funeral and burial expenses;
  • Loss of the victim’s future earnings;
  • Loss of benefits such as pension plans and healthcare;
  • Attorney’s fees;
  • Pain and suffering; and
  • Loss of consortium.

Calculating economic damages may be fairly straightforward, but determining a fair amount for non-economic damages is more challenging. An accident lawyer from Laborde Earles Law Firm can help you fight for the compensation that you deserve.

If your loved one died as the result of someone else’s negligent or malicious actions, contact an Alexandria injury attorney from our firm. We can help you gather evidence, calculate damages, and avoid costly mistakes during the claims process.

Call 800-522-6733 to schedule a free consultation.