A wrongful death is when someone dies due the negligence or intentional act of another person. And while there are dozens of ways this can happen, Louisiana wrongful death lawyers know that there are certain types of accidents that are more dangerous than others.
The more dangerous the accident, the more severe your injuries will be. Most people involved in any sort of personal injury case recover from their injuries. It may take a while, and they miss a lot of work, but they do survive. Others are not so fortunate.
Usually what happens is a grieving spouse contacts a Louisiana wrongful death lawyer a few months after the death of their loved one. Naturally, it takes time to grieve before you can even think about suing someone.
There are situations where the victim knows they’re going to die weeks or months before they do. For example, mesothelioma plaintiffs face an almost certain death. Many cancer patients are also given a grim prognosis.
If your loved one has passed or is dying due to someone’s negligence, you need to call a trial lawyer in Baton Rouge, Louisiana.
What Kinds of Accidents Can Lead to a Wrongful Death Suit?
Certain types of accidents are more likely to lead to a wrongful death suit. For example, a lot of people die from truck and motorcycle accidents. These are some of the most dangerous types of motor vehicle accidents. The human body simply can’t withstand that kind of impact.
Other people die due to medical malpractice. This can include all sorts of things, such as:
- Failure to diagnose
- Improper treatment by your doctor
- Surgery that goes awry
- Birth defects and injuries
Another common cause of wrongful deaths are dangerous drugs. People are prescribed a medication and end up having a terrible reaction to it. Or, the drug is dangerous no matter who you are. Some of these drugs cause injuries such as:
- Heart failure
- Kidney disease
- Respiratory issues
- Blood clots
In these cases, lawyers have to determine exactly what happened so they know who is responsible for your loved one’s death.
Who Will You Name in Your Lawsuit?
Who you name in your lawsuit really depends on the situation. There could be more than one person responsible for your family member’s death. For example, in a multi-car pileup, there could be more than one driver at fault.
Other cases that may involve more than one defendant include:
- Product liability cases
- Medical malpractice
- Dangerous drug cases
Your Louisiana wrongful death lawyer will review your case to see who may be responsible. These cases can get very complicated. For example, you may have to sue a doctor for a medical malpractice case. But you may also have to file suit against his office, the hospital and even other medical personnel.
Product liability cases often involve more than one defendant. For example, let’s say you buy a car and that car malfunctions. As a result, you get into an accident and your child is killed. You could have a claim against any or all of the following parties:
- The manufacturer
- The company who made the parts
- The mechanic who serviced the car
- The dealership who sold you the car
These cases can be the most complicated because it’s not always so easy to determine what caused your loved one’s injuries.
Your Louisiana Wrongful Death Lawyer Will Demand Damages
If your loved one dies because of someone else’s negligence, you’ll be entitled to damages. In Louisiana, you can claim the following damages in your wrongful death case:
- Funeral and burial expenses
- Medical bills
- Lost wages
- Property damage
- Pain and suffering your loved one suffered prior to their death
- Loss of care, compassion and support
Take note – you can’t demand pain and suffering for the family members. You can only demand pain and suffering for the person who died. It’s hard to prove this. In cases where the death was sudden, you won’t really have these types of damages. In other situations, such as a prolonged illness, the victim may have been entitled to these damages.
Contact a Louisiana Wrongful Death Lawyer Today
If you’ve lost your loved one to a tragic accident, you need to call a Louisiana wrongful death lawyer right away. You need to focus on taking care of your family. You also need to properly grieve. The last thing you need to worry about are legal matters.
Call today and schedule your initial consultation. The consultation is free and you pay nothing until you settle your case.