19 May Wrongful Death Lawsuits
Dealing with the death of a loved one is no easy task, and the situation only grows worse in the case of wrongful death. Families must deal with the loss of a beloved family member as well as the loss of economic stability due to negligence. Fortunately, the law gives family members opportunities to receive justice through wrongful death lawsuits.
Although no one wants to go through the ordeal of a wrongful death case, it is important to understand the basis of a successful case. For example, recovery in wrongful death lawsuits relies on proof by a preponderance of the evidence rather than proof beyond a reasonable doubt. In short, the plaintiff must provide more evidence than not of the death being the fault of another person or company. Through Louisiana law, spouses and children have the primary cause of action to sue for a wrongful death followed by parents, siblings, and grandparents. State law also requires a lawsuit to be filed within one year of the wrongful death.
When it comes to the actual case, both the lawyer and the family must work through important issues. They must ascertain how the victim died and if someone caused that death through negligent behavior. Many law firms hire experts regarding the details of the wrongful death who become well-acquainted with the family involved as well as the accident. All litigators agree that a wrongful death claim should be filed as soon as possible with as much preservation of the accident site as possible for further investigation.
No wrongful death recovery can ever bring back the victim, but many can and often do restore financial stability to a distressed family. As a civil action case, the wrongful death lawsuit and recovery provide financial compensation for the devastating loss of the deceased, whether it’s the loss of wages, medical expenses, or even emotional grievance.