Wrongful death is when a person passes away due to the intentional acts of negligence of another party. There are laws in place to give those who have experienced the loss of a loved one the ability to seek financial compensation from the responsible party. Each state has different laws regarding these claims, include the amount of time that a survivor of the deceased individual can file a claim, who is able to file the claim and the types of damages that can be awarded. In most cases, hiring a New Orleans personal injury lawyer will be the best course of action to achieve a successful outcome.
Reckless and Negligent Behavior Is Included
While wrongful death can be an extremely broad term, it does not just cover the incident that causes the death of another person. The reckless or negligent behavior of another person has to have led to the death. This can include a number of different incidents including the following:
* Car accidents that result from texting, drunk driving or some other negligent behavior
* Attacks, assault or other actions that result in the death of another person
* Incidents in the workplace that result from no supervision or improper training
* Drowning accidents because of property damage
* Defective drugs or products that cause the person using them to die
Figuring Out the Specifics
The specifics of your particular case will determine if the death of your loved one is actually able to be qualified as wrongful death. It is essential to discuss the accident with a New Orleans personal injury lawyer who understands these types of situations.
Even if the accident is qualified as wrongful death, it does not mean that you can automatically file a lawsuit. There are only certain people who will be able to bring forward this type of claim to recover damages for the loss for their loved one. The survivors can include several different people, based on the laws for the particular state. In most cases, the following individuals will be able to file the wrongful death claim: spouses, parents, a person’s life partner, children, siblings or some other dependent.
Spouses and children will be provided with the primary right to file a claim in a wrongful death case. Take some time to talk with a New Orleans personal injury lawyer to determine if you are able to file a claim on behalf of your deceased loved one. Doing this will help ensure you know whether or not you have the right to file a claim.
