Wrongful Death2021-10-11T18:08:49-05:00

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When someone dies because of another person’s negligent actions, the survivors of that victim may be able to file a wrongful death lawsuit on their behalf, seek financial compensation for medical bills, funeral expenses, lost companionship and other damages. However, before you can begin with your case, it’s important to know whether you qualify for a wrongful death award and what steps you must take to maximize your chances of recovery.

At Mark Artall, APLC, our goal is to relieve your burdens during the difficult time after the death of your loved one and to handle your legal matters for you so you can get the best possible outcome in your case. Call our firm today to schedule a free consultation with Mark and our team.

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How Do Wrongful Death Claims Work?

A wrongful death claim proceeds in a similar manner to other types of personal injury cases. However, the plaintiff in such a case is a family member or someone else who suffered damage as a result of the victim’s death, rather than the victim themselves.

You are still required to prove the defendant was liable for the death of your loved one, using the same types of liability standards that exist in other personal injury cases. You can file a wrongful death case for all types of fatal accidents, from car accidents to more complicated product liability or medical malpractice cases. The defendant could be an individual person, a company or government entity—any person or party that acted negligently.

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Get the Tough and Compassionate Legal Representation You Deserve

We understand that when you have lost a loved one, the last thing you want is to get bogged down in legal processes and paperwork.

Our legal team is here for you when you need us and we are capable of providing you with personal attention and legal care. We’re compassionate and understanding in our work with you, and we fight in the courtroom on your behalf to ensure we get you the best possible result for your case so you can cover lost income, funeral expenses and more.

Frequently Asked Questions About Wrongful Death Lawsuits

Here are just a few examples of some of the questions we most frequently receive from our Lafayette-area clients about wrongful death cases:

What is a survival action?2020-11-05T09:26:21-06:00

While a wrongful death claim seeks damages caused by the victim’s death, survival action claims seek damages the victim could have recovered had they not died. These damages could include medical bills, loss of wages, pain and suffering, etc.

What is a wrongful death claim?2020-11-05T09:25:37-06:00

Wrongful death cases involve the survivors of a victim who died due to the negligent action of others. These survivors can make a claim to recover financial compensation for funeral expenses, medical bills, and other damages. Not everyone is qualified for a wrongful death award which is why it’s important to first schedule a legal consultation.

How long will my wrongful death case take?2020-04-15T13:25:09-05:00

This varies widely from case to case depending on the specific factors at play. Sometimes there is not much question that the defendant is at fault, and a settlement or decision can be reached relatively quickly. In other cases, if there are complicating factors such as lack of the victim’s account of what transpired, it might take longer. It’s difficult to give a time estimate without knowing the facts of a particular case.

Can I file a wrongful death lawsuit against a hospital or healthcare provider?2020-04-15T13:27:33-05:00

You can, though the case is likely to be categorized as a medical malpractice lawsuit in such circumstances. There are a number of additional factors that must be considered in medical malpractice cases, of which your attorney can inform you.

Who can I sue in a wrongful death case?2020-04-15T13:29:29-05:00

You can bring wrongful death actions against a wide variety of people or entities. Just a few examples include the driver at fault in a fatal car accident, the manufacturer of a dangerous product, the operator of dangerous equipment or the designer of a faulty roadway. Anyone who is liable in a fatal accident can be the defendant in a wrongful death case.

Who can file a wrongful death claim?2020-04-15T13:32:34-05:00

The person who files the lawsuit must be someone who represents survivors of the deceased. People who can be compensated as part of the suit include immediate family members, parents, spouses, siblings and dependents.

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