A wrongful death lawsuit allows family members to seek compensation for a family member who dies due to another person’s violence or negligence. In most cases, a representative of the deceased’s estate is appointed to make a wrongful death claim.
In a wrongful death lawsuit, claimants must prove certain elements to be eligible for compensation. However, you should note that there is a time limit for filing wrongful death in Bossier City. This post provides detailed insights into what is required in a wrongful death claim, and how our attorneys can help you.
What Qualifies As Wrongful Death in Bossier City?
A wrongful death lawsuit can arise after a victim dies due to a defendant’s wrongful actions. Some of the instances that could cause this kind of lawsuit are as follows:
Intentional Killing of a Person
You can file a wrongful death claim when someone dies from intentional killing. For instance, if a defendant murders your loved one, you can sue that defendant for wrongful death. In this case, wrongful death is usually filed as a civil matter, away from a murder case.
When a doctor doesn’t diagnose a condition, causing a person to die, or if a doctor negligently doesn’t provide necessary care to a patient who eventually dies, this qualifies as a wrongful death lawsuit. Under Louisiana medical malpractice laws, survivors can file a lawsuit against a negligent doctor or other medical practitioners.
If a person negligently causes an accident that kills another person, this qualifies as a wrongful death lawsuit. Some of the negligent actions that make this situation a wrongful death lawsuit include reckless driving, failure to obey traffic lights, and driving while intoxicated.
Wrongful death can arise through premises liability if someone dies due to a property owner or manager knowingly keeping an area unsafe.. Some of the instances that describe premises liability include:
- Dog bites
- Slip and fall accident
- Exposure to lead and asbestos
- Negligent security
- Malfunctioning escalators, elevators, and amusement park rides
For a free legal consultation with a Wrongful Death lawyer serving Bossier City, call 800-537-8185
Who Can File a Wrongful Death Lawsuit in Bossier City?
Louisiana laws restrict certain family members from filing a wrongful death claim. The following are a few people who can file a wrongful death in Bossier city:
- The deceased surviving children and spouse if that person had children
- The deceased’s surviving parents if that person wasn’t married or had no children
- The surviving sibling of the deceased person if that person had no spouse, parents, or children
- The deceased surviving grandparents if that person had no spouse, parents, siblings, or parents
- The deceased’s person’s estate if there’s no surviving family member
How Long Should You Take to File a Wrongful Death Lawsuit in Bossier City?
In Louisiana, time is of the essence in a wrongful death claim. Claimants should file their lawsuit within a year after their loved one’s untimely death. Otherwise, you will lose your ability to collect your damages.
It’s recommendable to file your claim on time to preserve valuable evidence that can help you in your case. For instance, locating witnesses can be difficult if you take a lot of time to file your claim. It might also be more difficult to remember key facts several months after an accident..
What Can You Recover from a Wrongful Death Lawsuit?
You can recover three kinds of damages in a wrongful death lawsuit: economic, non-economic, and punitive damages. Economic damages refer to compensation that has monetary value. In a wrongful death lawsuit, you can be eligible for the following economic damages:
- Funeral costs and medical bills associated with your loved one’s death
- Loss of benefits such as retirement funds and medical coverage
- Loss of future income
- Loss of inheritance
You can also recover non-economic damages along with the economic damages. Non-economic damages are types of losses without an exact value associated with them. You can recover any of the following non-economic damages:
- Loss of consortium
- Pain and suffering
- Loss of companionship
- Lack of enjoyment of life
Finally, survivors might seek punitive damages from a wrongful death lawsuit in certain circumstances. You can only pursue punitive damages by proving that the defendant’s actions were of gross negligence and led to the untimely death of your loved one. Therefore, while seeking punitive damages, you’ll be aiming at punishing the defendant for their negligent actions.
How do You Prove a Wrongful Death Claim?
You must prove the following four elements to bring a valid wrongful death claim in Bossier City.
You should prove that the untimely death of your loved one was a result of the plaintiff’s carelessness or recklessness.
Breach of Duty
Another crucial element in wrongful death is a breach of duty. In this case, you should prove that the defendant’s action that led to your loved one’s death was contrary to their duty of care. For instance, you can file a lawsuit against a reckless motorcyclist who doesn’t consider their duty to follow and obey traffic laws. Doctors and medical health providers also have the duty of care to maintain your loved one’s health.
You must establish how the defendant had a duty of care and breached it due to negligence.
To prove causation, you must show that the defendant’s breach of duty or negligence caused the death of your loved one.
Damages can be economical and non-economic, as stated above. Proving them requires you to produce solid and convincing evidence in court. To some extent, you may need testimony from expert witnesses to build valid facts and evidence that you can rely on.
Find the Best Legal Services for Your Wrongful Death Claim
In a wrongful death case, the credibility and quality of evidence you present are crucial to your case’s success. That’s why it’s recommendable to hire an attorney to represent you in the wrongful death case.
An attorney will help you prove all the elements indicated above and ensure that the required burden of proof is met. Otherwise, if you cannot meet this burden of proof, you can recover no award.
You need a professional attorney who understands how a wrongful death suit works. Our lawyers at Morris Bart, LLC understand the complexity of wrongful death and help you obtain the compensation you deserve. Contact us today and schedule a free consultation.
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