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Elements involved in wrongful death cases

Losing a loved one is one of the most traumatic experiences a person in Louisiana can go through. There are many emotions that can result when such tragedies occur. Of course, a deep sense of sadness is often prevalent. But in cases where there was another party involved, and that party acted in a way that directly contributed to the cause of a loved one’s death, it is understandable to feel anger as well. If it was someone else’s negligence that lead to their loved one’s death, the victim’s survivors may decide to file a wrongful death lawsuit.

Wrongful death cases can involve many different elements. Sometimes, they may result from an automobile or other fatal accident. In other cases, they may result from a doctor failing to take certain steps in order to prevent patient injury. However, in all cases, there must be certain elements that must be met in order to prevail in a wrongful death lawsuit.

The fist element is obvious — someone must have died. Moreover, that person’s death must have come about either due to the negligence of another or the intentional acts of another. The victim must have been survived by relatives who have suffered some type of financial damage as a direct result from their loved one’s death. Finally, a personal representative must be assigned to represent the estate of the decedent.

Wrongful death cases are not always clear cut. Especially for the family members who are suffering, it can be challenging to approach them with a clear head. Attorneys are available to help family members get the justice they deserve. A successful wrongful death lawsuit can result in the obtainment of compensation which can help alleviate some of the monetary injury suffered.

Source: FindLaw, “Wrongful Death Overview,” Accessed on April 24, 2017

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