What Are the Essential Elements of a Wrongful Death Claim?

Wrongful death claims, like the majority of personal injury cases, must meet four basic criteria to show that the defendant owes the plaintiff money. These are the key elements you will need to prove in your case.

Was your loved one killed during an accident caused by another person? Consider contacting The Voorhies Law Firm to speak with a wrongful death lawyer in New Orleans about potentially filing a claim against this driver.

Before doing so, make sure you know about the essential elements of a wrongful death claim. This will help you and your attorney determine whether you can prove that a loved one’s death was caused by a wrongful act or negligence demonstrated by the person responsible for an accident. For assistance, contact The Voorhies Law Firm today at (504) 223-0753 to schedule a consultation.

Key Elements of a Wrongful Death Claim

Duty of Care and Breach of Duty

Any time a driver takes to the open road in New Orleans, they have a duty of care to keep other drivers safe. They take on a legal responsibility to protect their fellow drivers by obeying traffic laws and avoiding any driving maneuvers that could harm others.

Duty of care is, therefore, one of the first elements of a wrongful death claim that you must remember when filing this kind of personal injury case.

Breach of duty is the second of the elements of a wrongful death claim, and it’s often an even more critical element than duty of care. While the driver who caused your loved one’s fatal accident likely assumed a legal responsibility to keep other drivers safe without giving it much thought, a breach of duty is different.

Breach of duty refers to the driver in your loved one’s case acting unsafely while behind the wheel of their vehicle. They may have breached their duty to keep others safe by:

Speeding
Talking on the phone or texting while driving
Driving while under the influence of drugs or alcohol

You and your wrongful death attorney will need to collect evidence highlighting how a driver breached their duty and led to your loved one’s involvement in a fatal crash.

Direct Causation

You and your wrongful death attorney must do more than uncover evidence suggesting that a driver breached their duty of care. You will also need to take things a step further by proving that this driver’s actions directly led to your loved one sustaining fatal injuries.

Similar to proving a breach of duty, you and your wrongful death lawyer will need to gather evidence that demonstrates a definitive link between a defendant’s actions and your loved one’s death. This might include everything from physical evidence to expert witness testimony from an accident reconstructionist.

Damages

Damages are another one of the key elements of a wrongful death claim. You and your wrongful death attorney must lay out the monetary and non-monetary losses sustained due to a defendant’s actions.

Economic damages might include:

Medical bills
Funeral costs and burial/cremation expenses
Lost income

Non-economic damages may include:

Pain and suffering
Emotional distress
Loss of companionship

Punitive damages, which punish defendants who exhibit gross negligence, might also apply in certain wrongful death cases in Louisiana.

If, for instance, a driver was intoxicated when they caused your loved one’s fatal accident, this could warrant you seeking punitive damages during your wrongful death case.

Contact Us To Begin Working Closely With a Wrongful Death Attorney in New Orleans

If your family member died tragically during a recent accident, touch base with a wrongful death attorney from The Voorhies Law Firm to discuss the circumstances surrounding their crash. If you can prove the four elements of a wrongful death claim, you and any other eligible claimants, like your fellow family members, could be eligible to collect compensation by filing a lawsuit against the driver responsible for it.

Call us at (504) 223-0753 to schedule a free consultation with an experienced wrongful death lawyer and learn more about your legal rights.

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