What Makes a Death a “Wrongful Death?”
If you have lost someone you love, of course their death feels wrong. You may feel angry, hurt, upset and devastated. However, not every death is considered a “wrongful death” in the eyes of the law. In the court system, you can pursue a “wrongful death” claim only if a liable party was negligent and their negligence led to the death.
Do I Have A “Wrongful Death” Claim?
Wrongful death claims can arise in cases of murder or in cases where recklessness leads to a death. For example, if a fatality occurs as a result of a car accident or medical malpractice, you may have a claim. If someone purposefully caused a death through assault or planned murder, you may also have a claim, even if the criminal justice system finds the assailant not guilty. You must be able to prove, however, that someone’s negligence or actions led to the death, and this can be a challenge.
Who Can Launch a Claim?
In order to successfully launch a lawsuit, you generally have to have a close relationship with the person who has passed away. Usually, these claims are launched by spouses, children or the immediate family of the person who has passed away. To be successful, these cases usually also have to involve substantial losses. Families use wrongful death claims to recover compensation to help pay for:
- Funeral costs
- Final medical bills
- Loss of income support from the person who has passed
- Loss of companionship
- Pain and suffering
In some cases, it can be difficult to tell whether you do have a claim. For example, if a loved one passed away in a nursing home or hospital, staff might not admit there was anything irregular in the care your family member received. If you lose someone in a car accident, you might not know exactly what caused the accident — and whether the other driver was reckless at the time of the crash.
For these reasons, it may be a good idea to contact a wrongful death attorney near you if you have lost a loved one. For example, you can contact Irpino, Avin & Hawkins Law Firm for a consultation if you live in Louisiana. Our law firm is independent, so you can rely on us to give you honest and thorough advice with no outside interference. Our compassionate law firm is dedicated to helping you, the client, get the support you need.
If you’re not sure whether you have a wrongful death claim, contact Irpino, Avin & Hawkins Law Firm by clicking or calling to review your case with one of our attorneys. Our attorneys can take a closer look at your situation and offer advice about your legal options.