New Orleans Personal Injury Attorneys
  1. Home
  2.  — 
  3. Injuries
  4.  — How do you know if you have a valid wrongful death claim?

How do you know if you have a valid wrongful death claim?

On Behalf of | Nov 23, 2017 | Injuries

It is always tragic when a car accident claims the life of an innocent person here in Louisiana. If you lost a loved one in an accident that you believe was the result of the negligent and reckless actions of another person, you may feel both overwhelmed and angry about what your family experienced. It is normal to feel this way, but there could be legal options available to you.

One of the options that could be available to your family is the possibility of filing a wrongful death claim. If another person turns out to be responsible for the fatal injuries suffered by your loved one, you would have grounds to move forward with a civil claim. In order to better understand the possibility of this option, you would be wise to seek a complete evaluation of your case as soon as possible.

What makes a strong wrongful death claim?

A fatal accident is not always necessarily grounds for a wrongful death claim. Every case is different, and even if you believe that it is clear someone else is liable for what happened to your loved one, you still have to provide evidence and documentation to the court in order to validate your claim. The elements of building a strong wrongful death claim include the following:

  • Evidence of the death of a person
  • Proof that the death was the result of intentionally harmful behavior or negligence
  • Evidence that survivors of the decedent are suffering financially because of it
  • The survivors appointed a person to act on behalf of the decedent’s estate

A valid wrongful death claim arises out of a situation in which a person died as a direct result of negligent behavior or the misconduct of another person. Only a representative of the decedent’s estate can bring a wrongful death claim, so if you think that this could be an option for your family, you would be wise to take quick action to have one appointed by the court.

Recovery for your grieving family

If you suddenly lost a loved one due to a motor vehicle accident, medical malpractice, occupational illness, criminal behavior or other reason, you could have a rightful claim to recovery through a wrongful death claim.

A wrongful death claim cannot reverse what happened to your family, but it could help you get the financial support you need to address monetary losses, lost income and other expenses related to the untimely and unfortunate death of your loved one.