If a person is killed due to the fault of another person, the decedent’s heirs are eligible to file a wrongful death claim against those responsible for the death. Wrongful death statutes were created to ensure that widows, orphans, and people who are financially dependent on a decedent receive compensation for their losses. Another objective was to ensure that people exercise due care to prevent injuries to others.
Elements in a Wrongful Death Claim
Each state has its own set of laws pertaining to a wrongful death lawsuit. However, some basic conditions that need to be met are:
- The death of a human being should have occurred
- The death should have resulted from negligence or the intent to cause harm
- Survivors of the deceased should have suffered monetary loss
Who May Bring a Wrongful Death Lawsuit?
Several individuals can bring a wrongful death lawsuit on behalf of the decedent. Most wrongful death lawsuits are brought by:
- Surviving spouse
- Dependent parent
- Personal representative
- Domestic partner
Reasons to Hire a Wrongful Death Attorney
Wrongful death actions are complicated in nature. Once you take medical and other legal issues into consideration, the financial consequences can be steep. Here are some of the benefits of hiring a wrongful death attorney:
- Complete peace of mind: In times of crisis, we often struggle to think rationally. Even taking simple decisions may turn out to be overwhelming. A wrongful death lawyer acts as a voice of reason. They can also handle all the necessary legal tasks, meetings, and paperwork.
- Maintain timelines: Every state has certain deadlines and statutes relating to wrongful death cases. Moreover, formulating and proceeding with a claim takes time. A legal representative can help you adhere to the specific timeline.
- Present a lawsuit: Losing a loved one is devastating but it is even more painful when the other party gets away scot-free. A wrongful death attorney can try and prevent this from happening. S/he can build a strong case to help you receive generous compensation.
Our wrongful death attorneys at the Law Offices of L. Clayton Burgess in Westwego have more than two decades of experience in resolving complex cases. Get in touch with us right away for a free initial consultation.