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What are the elements of a wrongful death suit?

The loss of a loved one can be a life-changing event. People in Houma who lose a loved one due to an illness or old age will experience a great deal of grief and in some cases financial hardships as they move on without their loved one in their life. However, this transition may be especially difficult if their loved one's passing came not from natural means, but due to the actions of another person.

For example, if a person loses a loved one in a car crash, a workplace accident or due to medical malpractice, that person may have a hard time coping with the fact that their loved one's death could have been prevented. They may experience damages that are both financial and non-financial in nature. For example, there may be medical bills to pay and the loss of income the victim provided. But, in addition, there will be the loss of consortium the victim provided and, if the victim was a parent, loss of guidance. When this happens, the victim's survivors may want to pursue a wrongful death lawsuit.

When a person pursues a wrongful death lawsuit, certain elements must be met in order for them to prevail. First, of course, there must be a death. The cause of this death must be either another person's negligent behavior or intention to harm the victim. Finally, the victim's survivors must have incurred some type of monetary injury due to their loved one's death.

These elements may seem relatively straightforward, but in actuality any legal filing can present complexities. This is due to the fact that each wrongful death case is unique and this post only provides general information, not legal advice. Therefore, before deciding on how to proceed following a loved one's death, a person should make sure they understand all their legal options.

Source: FindLaw, "Wrongful Death Overview," accessed May 1, 2018

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