Accidents almost always happen daily, and while the majority of them only result in minor injuries, others have the potential to result in fatalities. When an untimely death results from the carelessness or inaction of another person, there may be a good reason to file a wrongful death claim on their behalf.

Often, family members and friends will be in a state of shock, grief, confusion, and an apparent inability to do anything about the passing of a loved one when a wrongful death occurs. It is possible for the mental and emotional aspects of such an experience to be overwhelming, which can make it painful for anyone to think clearly or even to navigate the process of seeking justice. In cases like these, it is best to retain the services of an experienced lawyer.

If the death of a loved one has affected you in any way, please do not hesitate to get in touch with David E. Stanley, APLC. For more than 35 years, he has been unwavering in his pursuit of fair compensation for bereaved families who have filed claims for wrongful death. It is standard practice for him to negotiate with insurance companies and defense attorneys to obtain total compensation for the losses and damages that his clients have sustained.

David E. Stanley is well-known in Baton Rouge and throughout the state of Louisiana for his ability to successfully obtain total and significant compensation for his injured clients. His practice focuses on personal injury law. Allow him to assist you as well.

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The Basics Of A Wrongful Death Claim

A Wrongful Death Lawsuit

The survivors of someone who passed away or was killed due to the carelessness or wrongdoing of another person may file a claim for “wrongful death.” These kinds of lawsuits seek compensation for the survivors’ losses, such as lost wages from the deceased, lost companionship, and funeral expenses. In addition, these lawsuits may seek to have the deceased person’s estate liquidated.

It is possible to file a claim for wrongful death if one person’s actions legally result in the death of another. For example, it’s possible that the person in question is at fault in a car accident, or it could be a bartender who served alcohol to a driver who was already intoxicated.

Wrongful death statutes vary by state, but in general, they define who is eligible to sue for wrongful death and whether or not there are any caps on the number of damages that can be awarded. In the beginning, criminal death statutes provided a means for monetary assistance to bereaved families and children without parents.

Common Contributing Factors To Wrongful Death

If a loved one died suddenly and unexpectedly, you may be wondering what exactly happened to cause their death and whether or not it could have been avoided. If this is the circumstance, you are not alone in your thoughts. These are fundamental questions that can be answered for you by a lawyer who has extensive experience working on cases involving personal injuries. Getting a lawyer will give you a good chance of winning your case. An investigation into your claim is the most effective way to get started.

There are many contributing factors to wrongful death, and each of these causes brings an unusual set of situations and legal nuances. Since these cases require a substantial understanding of the law, medical issues, negligence, and liability, an experienced wrongful death attorney is the best ally to handle these cases. In some situations, only one party will be held liable. In contrast, in others, multiple individuals or the entire corporation will be held responsible for the incident. Read on below for some of the most prevalent factors that contribute to wrongful deaths:

  • Accidents Involving Two Or More Vehicles, Including Motorcycles, Trucks, And Tractor-Trailer Combinations

Drivers distracted or intoxicated, unsafe road conditions, or road construction are frequently to blame for accidents involving vehicles, pedestrians, and/or cyclists.

  • Hazardous Working Environments in Various Workplaces

Acute injuries that result in death or occupational illnesses that develop over extended periods and eventually result in death can be caused by unsafe working conditions, insufficient training, malfunctioning equipment, and various other factors. Both of these types of injuries and illnesses can be fatal.

  • Malpractice In The Medical Or Professional Field

Suppose there is evidence of an error or negligence on the part of a medical professional, medical institution, or related professional (such as a hospital, medical doctor, nurse practitioner, dentist, or chiropractor), the family of the victim can sue that professional for malpractice. This occurs when there is proof that the error or negligence brought about the untimely passing of a patient.

  • Defective And Malfunctioning Equipment Sold For Personal Or Commercial Use

It is possible to file a claim for wrongful death against the person who was responsible for developing, manufacturing, or distributing a product if a person dies as a result of the product’s failure to function correctly, poor design, or failure to provide adequate warning of the product’s dangers.

Suing for Wrongful Death

A surviving spouse, immediate family members, children, and even the parents of a deceased fetus may be able to recoup damages under the laws of their respective states. It all depends on the wrongful death statute in your state, which may differ from the list of people considered heirs under state law for estate inheritance. However, in most cases, the executor or personal representative of the deceased person’s estate is the one who initiates legal action for wrongful death.

There is something called a “wrongful death statute,” or a set of statutes in every state that lays out the processes that must be followed to file wrongful death lawsuits.

Personal injury actions, actions for conscious pain and suffering, and expenses incurred before the decedent’s death can all be brought by the personal representative. The damage awards from these lawsuits belong to the estate and may be distributed to various parties following the deceased person’s will.

The Proper Time To File A Wrongful Death Claim

If you have any reason to believe that you may have a claim for wrongful death in Baton Rouge, your primary move should be to consult with a lawyer as soon as possible. Time is of utmost importance, so your first step should be to consult with a lawyer as quickly as possible. David E. Stanley will speed up the filing process without adding additional work for you. In addition, he will ensure that you obtain justice and compensation by making sure that you don’t miss the window of opportunity to do so.

In Louisiana, the statute of limitations for filing a claim for wrongful death is one year from the incident that led to the decedent’s death. Therefore, bringing a claim for wrongful death can only be done by certain relatives of the individual who has passed away, and some of these relatives are given preference over others. An experienced attorney is invaluable when determining who is eligible to bring these claims because several variables and potential problems can arise when determining who is qualified to bring these claims.

Below is a list of individuals who could potentially qualify for the position, in order of preference:

  • Spouses who were married to or had children with the individual who passed away
  •  The deceased individual’s biological parents
  • The surviving family members of the deceased person
  • The deceased person’s maternal and paternal grandparents

If none of the individuals stated above are still alive or able to be reached, the legal representative of the deceased person’s estate may be able to submit a claim on behalf of the estate.

How To Prove Wrongful Death And How An Attorney Can Help

Here are the necessary components that the plaintiff must present to have a viable wrongful death case:

  1. The death of a person.
  2. The death was caused by someone else’s negligence or malicious intent.
  3. The financial well-being of family members who have suffered financial losses as a result of the death.
  4. The decedent’s estate is assigned a personal representative.

In addition, the attorney handling the case must also have the capacity to demonstrate that one or more individuals have been negligent or have failed to act reasonably on their behalf. Likewise, they must have the ability to provide evidence that the cause of wrongful death was the defendant’s negligent actions or inactions.

An exhaustive investigation is unavoidably going to be necessary to prove these components. David E. Stanley has a wealth of experience working on cases like these, and he is quick and strategic in his approach. He knows everything that he should be looking for and anticipates the opponent’s every move. In addition, he has a history of providing the most favorable outcomes for the victim’s family.

David E. Stanley is a committed attorney who will pursue all of the options that are open to him, including the following:

  • Insurance coverage for the cost of the funeral or burial
  • Insurance coverage for medical expenses incurred in connection with the injury or death
  • The pain and the suffering
  • The sum of money that the deceased person would have earned throughout their lifetime but did not
  • Loss of companionship and the services the individual would have provided throughout their life.

Frequently Asked Questions

  • How Do You Differentiate Medical Malpractice And Wrongful Death?

Medical malpractice is a negligent act. In contrast, wrongful death is a type of damage. They are extremely dissimilar and frequently act independently of one another. A medical malpractice suit may or may not involve wrongful death (or any death at all), and a wrongful death suit may or may not involve medical malpractice (or the medical field in any way).

  • What Are Some Causes For Hospitals Or Doctors To Be Sued For Wrongful Death?

For various reasons, doctors and hospitals are sued for wrongful death. Sometimes the wrong prescription is given. A foreign object may be left in the body during an operation. Hospital infections caused by unsanitary conditions frequently result in a patient’s death. Oftentimes, there is a misdiagnosis, and the patient is treated for the wrong disease, which kills them. Surgical and anesthesia mistakes are also common. Unfortunately, hospitals are among the most dangerous places to be seriously ill. Other skilled physicians in the same specialty are frequently required to review the medical records and assist the jury in determining the existence of malpractice.

  • What Is A Wrongful Death Lawyer?

A wrongful death lawyer is a lawyer with a lot of experience in injury law. Most wrongful death lawyers have been doing this for many years. He should also know how sad the survivors are and know a lot about injury law. When someone in the family dies unexpectedly, it can be one of the hardest things you’ve ever been through. When someone else’s fault or carelessness leads to a family member’s death, it worsens the grieving process. In these situations, an experienced and qualified wrongful death lawyer can help you through the complicated process.

Compassionate Wrongful Death Attorney

If you are a family member of a loved one who has recently and unexpectedly died, you may be wondering what caused their death and whether it could have been avoided. These are critical questions that only an attorney with extensive experience in personal injury cases can help you answer. So, get in touch with David E. Stanley, APLC today and ask for a free consultation. He will assess your situation and advise you on whether you have a case and what steps to take next.

Call 225-399-0709 To Speak
With David E. Stanley Today!

David E. Stanley, APLC
1055 Laurel Street Suite 2
Baton Rouge, LA 70802
225-399-0709