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Houma Wrongful Death Lawyer

A wrongful death is one caused by someone else’s negligence. Wrongful deaths can be the result of auto accidents, accidents at work, dangerous or defective products, medical malpractice, or any other kind of negligent action.

Given that wrongful deaths are unexpected, the deceased’s surviving family members often suffer surprising financial losses after the accident. These financial losses, including burial costs, medical bills, and the loss of income, can make a tragic situation even harder to bear.

This Louisiana state law allows certain family members to file a lawsuit against the person or entity responsible for the wrongful death. These lawsuits are inherently complex, and a family who has suffered a wrongful death should call a Houma wrongful death lawyer right away. Speak with a distinguished personal injury attorney about how to begin preparing your lawsuit.

Role of Surviving Family

Louisiana state law allows the deceased’s immediate family members to file a wrongful death lawsuit in court. With the help of a Houma wrongful death lawyer, the following family members can file a wrongful death suit:

  • The deceased’s surviving spouse and children
  • The deceased’s surviving father and mother, if no surviving spouse or child
  • The deceased’s surviving siblings, if no surviving spouse, child, or parent
  • The deceased’s surviving grandparents, if no surviving spouse, child, parent, or sibling

State law clearly determines the order of priority for each surviving family member. The deceased’s parent can only file a wrongful death lawsuit if the deceased did not have a surviving spouse or children.

Pursuing Lawsuits

Often, it is clear whom the surviving family members are, which makes determining who can file the lawsuit a straightforward matter. In many cases, these family relationships are less clear, particularly if the deceased was estranged from some relatives, or if surviving family members live in different states. Determining who is legally allowed to pursue a wrongful death claim can be complicated, and can obviously compound the grief and stress surviving family members feel.

A Houma wrongful death attorney can help surviving family members by handling the entire legal process from start to finish. A lawyer can determine how state law applies in a particular case, and work with the appropriate surviving relatives to pursue the case in court.

Negligence in Wrongful Death Cases

In a wrongful death lawsuit, surviving relatives must prove that someone’s negligence caused the death of their loved one. Negligence means that someone had a legal responsibility to avoid harming another, they did not act reasonably to avoid that harm, and their actions or inaction did cause harm.

If an intoxicated driver hit and killed a pedestrian, they could be negligent and liable in a wrongful death lawsuit. In this scenario, the driver had a responsibility to avoid hitting the pedestrian but failed to do so, resulting in the death. However, proving negligence is not always clear in wrongful death cases. Therefore, it is important that surviving relatives call an experienced wrongful death attorney who can prove negligence with the help of legal and medical experts.

It may be difficult to consider taking legal action after losing a loved one, but a wrongful death lawsuit can help your family recover from the financial burdens of losing someone. With the help of a Houma wrongful death lawyer, your family can focus on coping.