• Our Firm
    • Case Results
    • Testimonials
    • Attorneys >
      • Hunter W. Lundy
      • Matthew E. Lundy
      • Rudie R. Soileau, Jr.
      • Jackey W. South
      • Kristie M. Hightower
      • Daniel A. Kramer
      • T. Houston Middleton IV
      • Nicholas J. Kohrs
      • Kailey K. Gallegos
  • Practice Areas
    • Catastrophic Injury
    • Class Action Litigation
    • Commercial and Civil Litigation
    • Dangerous and Defective Products
    • Dangerous Drugs and Medical Devices
    • Environmental Law
    • Maritime Law
    • Oil and Gas Accidents
    • Hazardous and Toxic Chemical Exposure
    • Mass Torts
    • Personal Injury >
      • Injury Attorneys
      • Car Accidents
      • Motorcycle Accidents
      • 18-Wheeler Accidents
    • Product Liability
    • Insurance Claims >
      • Business Interruption Claims
      • Hurricane Laura Insurance Claims >
        • Hurricane Laura Insurance Claims
    • Wrongful Death
    • Real Estate Law
  • Current Cases
    • Baby Formula NEC
    • Camp Lejeune >
      • Camp Lejeune Claims FAQs
    • Cell Phone Tumors
    • CPAP Cancer
    • Kratom Claims
    • Exactech Hip, Knee, Ankle Implant Recall
    • Hair Relaxer Cancer
    • Hernia Mesh Injuries
    • Paraquat Herbicide Parkinson's
    • Talcum Powder Cancer
    • Zantac Cancer
  • Getting Started
    • FAQs
    • Resources
  • Blog
  • Contact
  • Kratom Claims Attorneys
  • Our Firm
    • Case Results
    • Testimonials
    • Attorneys >
      • Hunter W. Lundy
      • Matthew E. Lundy
      • Rudie R. Soileau, Jr.
      • Jackey W. South
      • Kristie M. Hightower
      • Daniel A. Kramer
      • T. Houston Middleton IV
      • Nicholas J. Kohrs
      • Kailey K. Gallegos
  • Practice Areas
    • Catastrophic Injury
    • Class Action Litigation
    • Commercial and Civil Litigation
    • Dangerous and Defective Products
    • Dangerous Drugs and Medical Devices
    • Environmental Law
    • Maritime Law
    • Oil and Gas Accidents
    • Hazardous and Toxic Chemical Exposure
    • Mass Torts
    • Personal Injury >
      • Injury Attorneys
      • Car Accidents
      • Motorcycle Accidents
      • 18-Wheeler Accidents
    • Product Liability
    • Insurance Claims >
      • Business Interruption Claims
      • Hurricane Laura Insurance Claims >
        • Hurricane Laura Insurance Claims
    • Wrongful Death
    • Real Estate Law
  • Current Cases
    • Baby Formula NEC
    • Camp Lejeune >
      • Camp Lejeune Claims FAQs
    • Cell Phone Tumors
    • CPAP Cancer
    • Kratom Claims
    • Exactech Hip, Knee, Ankle Implant Recall
    • Hair Relaxer Cancer
    • Hernia Mesh Injuries
    • Paraquat Herbicide Parkinson's
    • Talcum Powder Cancer
    • Zantac Cancer
  • Getting Started
    • FAQs
    • Resources
  • Blog
  • Contact
  • Kratom Claims Attorneys

Understanding the Case of Wrongful Death

2/7/2019

0 Comments

 
The death of a family member can be a devastating loss for anyone and especially if it is caused by wrongful death. While no one can compensate you for the loss of your family member, you can file a case of wrongful death to help relieve the financial hardship associated with the loss of a loved one.
​
A wrongful death claim is defined as a death caused through intentional harm or due to carelessness, negligibility or failure to act. A person crossing a road killed by a driver who was drunk or the accidental death of a woman during a purse snatching fall under the category of wrongful death.

In the case of wrongful death, the family members of the parties affected due to the death can file a wrongful death personal injury lawsuit on the departed’s behalf. These types of lawsuits are categorized under the civil lawsuit cases and it assists the loved ones of the departed to recover the losses for pain, suffering, stress, monetary loss, medical bills, and other financial burdens.

How does a case become a case of a wrongful death?
Not all cases of death can be categorized under the wrongful death explained by the law. A case of death can become a case of wrongful death only if the reason for the death is carelessness, intentional harm, negligibility or failure to act. As an example, if a person dies because of unsound treatment then it can be categorized under wrongful death while if a person dies because of his severe medical condition even after the extensive efforts of a doctor are exhausted, then it cannot be categorized under wrongful death. In order to qualify as wrongful death, the reason of death must be negligence, recklessness, criminal or intentional. Lake Charles wrongful death attorneys say that is very important to fully understand what qualifies as wrongful death before filing a lawsuit.

The burden of proof
Innumerable wrongful death claims are settled within the courtroom trial, the attorneys of both sides agree on a settlement which is made out of the court. Once the lawsuit of wrongful death has been filed, the party filing the claim needs to provide various elements of a wrongful death claim. In order to win a case, the family members of the deceased must provide these four elements in order to win the case. The four elements of wrongful death claim include:

Negligence- The element is the proof of negligence under which the family members of the deceased need to proof that the death was caused due to negligence, carelessness, intentional harm or failure to act. If the family members are not able to prove this, then their road to wrongful death claim will become quite difficult.

 Breach of duty- In order to win the wrongful death claim, you must prove that the defendant in the wrongful death claim owed a duty to the deceased person. For example, a car driver has the duty of road safety and is obliged to follow the traffic law. Doctors have the duty to maintain the good health of their patients. You must establish a way through which you can prove that the death of your loved ones was caused because the defendant failed to fulfill his duty which becomes the reason for the death of your loved one.

Causation- Along with proving that how the breach of duty by the defendant lead to the death of your loved one, you also need to prove that how the negligence become a major reason for the death.

Damages- The last element of proof requires you to show that the death of your loved one caused you quantifiable damages like hospitalization, medical bills, funeral and burial expenses, etc. The quantifiable damage can also include loss of protection and earning along with pain and suffering of the deceased person before his death.

Choose the right wrongful death lawyer
​Choosing the right wrongful death lawyer can mean the difference between your case going to court or the risk of it being rejected. Offshore accident lawyers Lake Charles say that the selection of a good lawyer plays a key role in winning wrongful death lawsuits and that’s why one should never choose a lawyer in hurry.

If your loved one has died because of wrongful death then you can file a lawsuit against the party responsible for recovery of financial loss, pain, and suffering. It is always a good idea to hire the best wrongful death lawyer to help you better understand your situation before going to court.
Tags:

Wrongful Death - Personal Injury Attorneys - Offshore Accident - Lake Charles, La

0 Comments

Your comment will be posted after it is approved.


Leave a Reply.

    Call Today​!
    (800) 259-1005

    Archives

    May 2022
    December 2021
    November 2021
    September 2021
    August 2021
    June 2021
    May 2021
    April 2021
    January 2021
    December 2020
    November 2020
    October 2020
    September 2020
    August 2020
    July 2020
    June 2020
    May 2020
    April 2020
    March 2020
    February 2020
    January 2020
    December 2019
    November 2019
    September 2019
    August 2019
    July 2019
    May 2019
    April 2019
    March 2019
    February 2019
    January 2019
    December 2018
    November 2018
    October 2018
    August 2018
    June 2015
    May 2015
    April 2015
    March 2015

    Categories

    All
    Business-scam
    Car-accident
    Cellphone Lawsuit
    Firm News
    Injury
    Lawsuit
    Lawyers
    Liability
    Personal Injury
    Real Estate Lawyer
    Refinery Explosions & Accidents
    Slip And Fall
    Trucking Accidents
    Uncategorized
    Vaping Lawsuits
    Wrongful Death

    Contact Us

    ​(800) 259-1005

    (337) 439-0707

    RSS Feed

Lundy Lundy Soileau & South new logo - clicking on this image returns you to the home page

Areas of Practice

Catastrophic Injury
Class Action Litigation
Commercial and Civil Litigation
Dangerous and Defective Products
Dangerous Drugs and Medical Devices
Environmental Law
Maritime Law
​Mass Torts
Oil and Gas Accidents
Personal Injury 
Product Liability
Property Insurance Claims
Real Estate
Wrongful Death
​Sitemap
​Blog
​

Contact 

Phone:       (337) 439-0707
Toll Free:  (800) 259-1005
Address:   501 Broad Street
                        Lake Charles, LA 70601

© COPYRIGHT 2019. ALL RIGHTS RESERVED.
Website design