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Wrongful Death Causes and The Burden of Proof | Injury Attorneys

Death is always a tragedy, but wrongful deaths caused by acts of negligence and violence are especially tragic occurrences. Wrongful death claims can be brought about by surviving relatives of the deceased after a person is killed by another party’s negligence. Wrongful death claims are often brought about after victims die by drunk driving, preventable medical errors (such as misdiagnosis or surgical mistakes), or fatal workplace accidents, to name a few examples. But which relatives can file a wrongful death claim in Louisiana? How should you go about finding the right Louisiana injury lawyers? What proof is needed for a wrongful death claim?

If you’re looking for answers, our experts serving Louisiana are here to help. Read on to learn more about finding a lawyer, wrongful death causes, and the burden of proof.

What Constitutes Wrongful Death?

Wrongful death cases arise after a person dies due to another party’s negligence or violence. Wrongful death claims are brought about by surviving relatives of the deceased victim and allow families to receive compensation for medical expenses, pain and suffering, loss of companionship, and other types of damages.

What are Examples of Wrongful Death Causes?

You may be wondering what types of accidents may warrant a wrongful death claim. A few examples include:

  • Car crashes (the most common cause of wrongful death)
  • Medical malpractice (such as medication errors, misdiagnosis, hospital negligence, and delayed or improper treatment)
  • Motorcycle crashes
  • Trucking accidents
  • Bicycle crashes
  • Defective products
  • Workplace Accidents
  • Nursing Home Neglect
  • And More
Who Can File Wrongful Death Claims in Louisiana?

In Louisiana, the following parties may file a wrongful death claim following the death of a loved one:

  • The spouse or children of the deceased
  • If there are no surviving children or no surviving spouse, the surviving parents of the deceased
  • If there are no surviving parents, the surviving siblings of the deceased
  • OR, if there are no surviving siblings, the surviving grandparents of the deceased
What is the Burden of Proof in Wrongful Death Claims?

Wrongful death claims fall under the category of tort law—they are civil claims. The burden of proof refers to the amount of evidence that must be presented in support of your assertions in order to convince either a judge or jury that wrongful death did occur. Unlike in criminal cases, wrongful death does not need to be proved beyond a reasonable doubt. Despite this, wrongful death is still often difficult to prove, which is why you should choose an attorney who specializes in these complex claims.

Looking for a Lawyer? Call Us Today For a Free Consultation Regarding Your Wrongful Death Claim

If you’re suffering after the loss of a loved one due to a wrongful death, you should know that help is available. Here at Carabin Shaw, our compassionate and experienced lawyers specialize in wrongful death cases, and we can help you learn more about your legal options and decide your next steps. Our experts—including the talented Attorney of Counsel of Carabin Shaw, Berit Hanna—have decades of experience winning personal injury claims, and we want to help you however we can.

To schedule your free consultation with Attorney of Counsel of Carabin Shaw, Berit Hanna, all you have to do is call our office serving Louisiana at 1-800-555-0101. So call today and learn what our attorneys can do for your wrongful death claim in Louisiana. You won’t pay us unless our Louisiana injury lawyers win your case—so call today and learn more. Let us help you get the justice and compensation you deserve.

Visits with the Attorney are by appointment only. Main office San Antonio, Texas.

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