What Should I Do If I Suspect a Wrongful Death?

Suspecting a wrongful death can be an overwhelming and distressing experience. If you believe that a loved one’s death was caused by someone else’s negligence or misconduct, it’s important to take immediate action. Understanding the steps to take can help you seek justice and ensure that your family’s rights are protected. Consulting with a wrongful death attorney can provide clarity and direction during such a challenging time, helping you manage the legal system, and ensuring that you receive the full amount you are entitled to.

If you need assistance with a wrongful death case, contact Big River Trial Attorneys today. We offer a free consultation to discuss your situation and explore your options. Call us at 225-725-6000 to find out how we can help you seek justice for your loved one. Your peace of mind and pursuit of justice are our top priorities.

What is Wrongful Death?

Wrongful death occurs when a person’s death is caused by the negligent, reckless, or intentional actions of another party. This legal concept allows the deceased person’s family or estate to seek compensation for their loss. Common causes of wrongful death include medical malpractice, car accidents, workplace accidents, and criminal activities. The purpose of a wrongful death claim is to hold the responsible parties accountable and to provide financial support to the surviving family members who have suffered emotionally and economically due to the loss of their loved one.

Recognize the Signs of Wrongful Death

The initial step in evaluating the necessity of a wrongful death claim involves identifying the signs of wrongful death. Common indicators include unexplained injuries, inconsistent medical records, and sudden changes in a loved one’s condition. For instance, if a loved one was in relatively stable health but suddenly deteriorated and a loved one’s death occurred under suspicious circumstances, this could be a red flag.

Medical malpractice is a frequent cause of wrongful death. Hospitals can be held liable if their practices or actions directly cause a death, such as negligence by nurses, surgeons, or other staff members. If a hospital is aware that a doctor on staff is incompetent and their negligence leads to a wrongful death, the hospital can be sued. The hospital may be held legally responsible for the doctor’s actions. Vigilance regarding these signs and prompt action in case of suspected negligence contributing to a loved one’s demise is crucial.

Contact a Wrongful Death Attorney

In the unfortunate event of a loved one’s death due to another party’s negligence, immediate consultation with a qualified wrongful death attorney is of paramount importance. Prompt consultation with a wrongful death attorney is necessary to adhere to the statute of limitations and safeguard your legal rights. The legal processes involved in filing a wrongful death claim can be complex, and having a legal professional on your side can make a significant difference.

An experienced wrongful death attorney will:

• Handle all the necessary paperwork and communications with insurance companies and opposing counsel, allowing you to focus on grieving and moving forward.
• Act as an advocate for your family’s best interests and negotiate for a fair settlement with the liable parties or their insurance company.
• If negotiations do not result in a satisfactory outcome, the attorney can take your case to court and pursue a trial to seek the justice your loved one deserves.

Handling a wrongful death claim is not a simple task, as it involves filing documents with the court and getting court approval. Working with a seasoned personal injury attorney from Big River Trial Attorneys who understand the intricacies of wrongful death claims is vital. We will build a strong case around the evidence, show that the burden of proof is met, and ensure that your legal rights are protected throughout the process.

Gathering Evidence

Swift collection of evidence is instrumental in establishing a strong wrongful death case. Evidence can include a wide range of materials, such as:

• Witness testimony
• Video evidence
• Photographs
• Medical documentation
• Medical records of the deceased
• Physical evidence, such as blood-stained clothing or foreign objects left in the body post-surgery

Keeping a comprehensive file of all documents pertaining to the circumstances of the decedent’s death is imperative. This includes police reports, which are invaluable in cases of vehicle accidents or premises liability events like slip-and-falls. An attorney can review these reports and statements from eyewitnesses to gather key pieces of evidence. Additionally, surveillance footage from traffic cams or security cameras might provide essential evidence to demonstrate negligence or identify those responsible.

Swift evidence collection is essential as time constraints can impact the availability and veracity of the evidence. An experienced wrongful death attorney will know how to gather and preserve evidence effectively to build a strong case. By acting quickly, you can ensure that all relevant information is collected and used to support your wrongful death claim.

Obtain a Copy of the Death Certificate

Acquiring a copy of the death certificate constitutes a significant step in advancing a wrongful death lawsuit. This official document provides proof of death and is essential for validating the wrongful death claim. A certified copy of the death certificate includes important details such as the exact day and time of death, as well as the cause, which are pivotal in wrongful death cases.

The death certificate is validated by the coroner and often includes the cause of death, which can directly support allegations of wrongful death in court. By presenting this certificate, you can counter any claims by the defense disputing the cause of death. Obtaining and preserving this document is an important part of the evidence that must be presented in any wrongful death action.

Requesting an Autopsy

An autopsy request can furnish compelling evidence by pinpointing the cause of death and illustrating the role of negligence in it. An autopsy report can reveal whether medical errors or other causes led to the death, providing critical support for your claim. Without an autopsy, proving causation in a wrongful death claim can be more challenging as it helps eliminate other possible causes of death.

An autopsy is not legally required for filing a wrongful death claim, but it is highly recommended by wrongful death attorneys to prove the cause of death. In situations where there is suspicion of careless or reckless activity, particularly in cases of negligence or willful misconduct, it is advisable to request an autopsy. This can provide valuable information for understanding the circumstances surrounding the incident. Families can also request a private autopsy at their own expense if officials do not order one.

In some cases, authorities can order an autopsy without the consent of the decedent’s next of kin when there is an unknown cause of death or suspected foul play. An experienced medical malpractice attorney can assist in investigating and deciding the appropriate institution to perform an autopsy in a medical malpractice or wrongful death case. This additional evidence can significantly strengthen your wrongful death claim.

Who Can File a Wrongful Death Claim

Understanding who can initiate a wrongful death claim is necessary for the start of legal proceedings. Immediate family members, typically the surviving spouse and children, are usually the first to be given the right to file a wrongful death lawsuit. If there is no surviving spouse or children, surviving parents and sometimes siblings can file a wrongful death claim. In scenarios where there are no immediate family members, more distant relatives or financial dependents might be allowed to file.

State law determines who can file a wrongful death lawsuit, and this varies significantly across states. The personal representatives of the deceased’s estate generally have the right to bring a wrongful death lawsuit, particularly if the deceased had a will. Working with a wrongful death lawyer is important for understanding the legal rights of the family, including those that vary by state. If family members cannot agree on who will file the wrongful death case, the courts will resolve it and appoint a representative of the deceased’s estate.

Statute of Limitations

In Louisiana, as of August 2024, the statute of limitations for wrongful death claims is typically one to two years from the date of the loved one’s death. It is important to take legal action within this time frame to protect your rights. Louisiana’s relatively short statute of limitations emphasizes the importance of prompt consultation with a wrongful death attorney to ensure all legal deadlines are met.

The time limit for filing a claim in a medical malpractice case in Louisiana may not begin until you discover or should have discovered the malpractice that caused the death. This means that you may still have time to take legal action even if some time has passed since the death. It is essential to act quickly as certain circumstances might not extend the statute of limitations.

Failure to file a wrongful death lawsuit within the statute of limitations in Louisiana generally results in the court dismissing the case without reviewing the facts. If you wait to file after the statute of limitations has expired, your claim will be deemed time-barred and will not proceed further. This means you will no longer be able to pursue your claim.

Enlisting the assistance of a skilled and experienced wrongful death attorney from Big River Trial Attorneys is crucial. We can ensure that all paperwork is filed correctly and on time, help gather and preserve vital evidence, and advocate on your behalf to secure the justice and compensation your family deserves. Our knowledge of wrongful death cases can make a significant difference in the outcome of your claim.

Proving Negligence in a Wrongful Death Case

To prove a wrongful death claim, you must first establish the following:

• Duty of Care: Demonstrate that the defendant owed the deceased a duty of care. This could be a medical professional’s duty to provide competent care or a driver’s duty to follow traffic laws.
• Breach of Duty: Show that the defendant breached their duty of care. Examples include a surgeon’s mistake during an operation or a driver’s reckless behavior on the road. The plaintiff needs to prove that the breach of duty directly caused the loved one’s death. A coroner’s analysis, included in the death certificate, can be essential in establishing this link.
• Quantifiable Damages: Demonstrate that the family suffered quantifiable damages as a result of the wrongful death. The standard of proof in a wrongful death case is by a ‘preponderance of the evidence,’ meaning it must be shown that it is more likely than not that the defendant’s actions caused the death. By gathering comprehensive evidence and presenting a well-structured case, you can increase the chances of proving negligence and obtaining justice for your loved one.

Types of Damages Recoverable in Wrongful Death Claims

In wrongful death claims, recoverable damages encompass both economic and non-economic damages. Economic damages refer to measurable financial losses such as:

• Medical expenses
• Funeral costs
• Loss of future wages
• Compensation for lost income the decedent would have earned if they had survived

Funeral and burial expenses are typically included in wrongful death claims. Additionally, surviving family members, especially spouses and children, can claim loss of future wages and compensation for lost income the decedent would have earned if they had survived.

Non-economic damages refer to more subjective losses like emotional distress and loss of companionship. These damages are also compensable in wrongful death claims and can include compensation for loss of consortium or companionship. It’s important to work with an experienced wrongful death attorney who can help you recover the full extent of damages you are entitled to.

The Role of Insurance Companies in Wrongful Death Cases

In wrongful death cases, settlement costs are often borne by insurance companies. If the responsible party was on the job during the incident, responsibility might fall on the employer’s insurance. Medical malpractice-related wrongful deaths could result in compensation from the doctor’s or hospital’s malpractice insurance. Additionally, homeowner’s or commercial property insurance policies may cover wrongful deaths due to accidents on the property.

A skilled wrongful death attorney can:

• Prevent you from accepting a low settlement offer from the insurance company, ensuring you receive rightful wrongful death settlements
• Ensure you receive the compensation you deserve
• Not let you get taken advantage of by insurance companies

Statutes of limitations do not usually apply to insurance claims, but they can affect your leverage in settlement negotiations.

Insurance policies have coverage limits, and the responsible party may be personally liable for amounts exceeding these limits. If the defendant is not insured, or if the insurance policy has a limit lower than the amount of damages, the defendant may be personally responsible for some or all of the damages. This means they may have to pay for any remaining costs out of their own pocket.

How Big River Trial Attorneys Can Help You

At Big River Trial Attorneys, we are dedicated to providing personalized and compassionate legal support during the challenging time following a wrongful death. We understand the emotional and financial toll this situation can take on your family, and we are here to help you every step of the way. Our team genuinely cares about our clients, and we prioritize listening to you and understanding your unique needs and concerns.

We are very communicative with our clients, ensuring that you are kept informed about the progress of your case. Unlike other lawyers who may not listen to their clients, we are attentive and make it a point to send almost monthly updates so you always know where your case stands. Our commitment to transparency and open communication helps you feel supported and confident throughout the legal process.

Our attorneys will handle all necessary paperwork and communications with insurance companies and opposing counsel, allowing you to focus on grieving and moving forward. We act as advocates for your family’s best interests, negotiating for a fair settlement with the liable parties or their insurance company. If negotiations do not result in a satisfactory outcome, we are prepared to take your case to court and pursue a trial to seek the justice your loved one deserves.

By choosing Big River Trial Attorneys, you can trust that we will build a strong case around the evidence, meet the burden of proof, and protect your legal rights throughout the process. We are committed to ensuring that you receive the compensation and justice your family deserves.

Contact Us for Help with Your Wrongful Death Case

If you suspect a wrongful death and need immediate legal assistance, don’t hesitate to reach out to Big River Trial Attorneys. We offer a free consultation to discuss your case and explore your options. Call us today at 225-725-6000 to learn how we can help you seek justice for your loved one. Your peace of mind and pursuit of justice are our top priorities.

Frequently Asked Questions

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

Determining the validity of a wrongful death claim involves assessing whether the death was caused by another party’s negligence, recklessness, or intentional actions. Key indicators include unexplained injuries, inconsistent medical records, or suspicious circumstances surrounding the death. Consulting with a wrongful death attorney can help evaluate the specifics of your case and determine if you have grounds for a claim.

What kind of evidence is most compelling in a wrongful death case?

Compelling evidence in a wrongful death case includes medical records, witness testimonies, and any video or photographic evidence of the incident. Autopsy reports and death certificates are also influential as they provide official documentation of the cause of death. Collecting physical evidence, such as items involved in the incident, can further strengthen your case.

Can I file a wrongful death claim if the deceased had pre-existing conditions?

Yes, you can still file a wrongful death claim if the deceased had pre-existing conditions. The key factor is whether the defendant’s actions directly contributed to or caused the death, despite the pre-existing conditions. Medical expert testimony can help establish this connection and demonstrate that the death was due to the defendant’s negligence.

What is the difference between a wrongful death claim and a survival action?

A wrongful death claim seeks compensation for the surviving family members for their losses, such as emotional distress and loss of financial support. A survival action, on the other hand, is brought on behalf of the deceased’s estate to recover damages the deceased could have claimed if they had survived, such as pain and suffering before death. Both types of claims can be pursued simultaneously to maximize compensation.

What happens if the responsible party cannot pay the damages awarded?

If the responsible party cannot pay the damages awarded, there are a few possible outcomes. Insurance policies may cover part or all of the damages, depending on the coverage limits. If the defendant is uninsured or underinsured, they may be personally liable for the remaining amount, which could involve garnishing wages or seizing assets to fulfill the judgment.