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New Orleans Personal Injury Lawyer > Blog > Personal Injury > What Is Wrongful Death And How Do I Know If I Have A Claim?

What Is Wrongful Death And How Do I Know If I Have A Claim?


Wrongful death is where a person dies due to another party’s actions. This can be incredibly difficult to deal with for loved ones of a victim of wrongful death. Palazzo Law Firm works hard to pursue wrongful death claims to seek justice and compensation for families of fatal accidents. We have handled wrongful death claims involving fatal car wrecks, medical negligence, maritime accidents, premises liability cases, product liability cases, and construction accidents.

What Is Wrongful Death?

 Wrongful death occurs when a person dies due to the fault of another. A wrongful death lawsuit is a civil legal proceeding in which surviving members of the victim’s family may seek compensation from the person or entity who caused the wrongful death. In a civil matter, the legal standard is a ‘preponderance of the evidence’. This means the court would have to find it is more likely than not that the party is at fault for the victims wrongful death.

Who Can Bring a Wrongful Death Lawsuit? 

If a wrongful death has occurred, a suit may be brought by the following persons to recover damages:

  • The surviving spouse and child or children of the deceased, or either the spouse or the child or children.
  • The surviving father and mother of the deceased, or either of them if he left no spouse or child surviving.
  • The surviving brothers and sisters of the deceased, or any of them, if he left no spouse, child, or parent surviving.
  • The surviving grandfathers and grandmothers of the deceased, or any of them, if he left no spouse, child, parent, or sibling surviving.

A wrongful death claim must be filed within one year from the date of your loved ones death. If you do not file within the ‘statute of limitations’ period, you may not be able to bring your claim to court.

Who Can Be Sued for Wrongful Death? 

Anyone who acts negligently in some way and causes a wrongful death can be sued for wrongful death. However, there are common people and entities who are sued for this type of personal injury lawsuit:

  • Negligent drivers in car wrecks;
  • Companies who design or manufacture defective products;
  • Health care professionals who commit malpractice; or
  • Employers who do not maintain safety conditions which leads to a death while performing work duties.

Can You Receive Compensation For A Wrongful Death Lawsuit? 

You can receive compensation in a successful wrongful death lawsuit, the exact amount of damages cannot be identified until your case is evaluated by skilled New Orleans personal injury lawyers. Damages can include medical bills, memorial costs, pain and suffering, lost wages and benefits from the deceased, and more.

Palazzo Law Firm Can Help Today 

Our law firm helps loved ones impacted by wrongful death from Metairie, Gretna, and all over New Orleans. No legal action can replace the loss of a loved one, but at the Palazzo Law Firm we seek to receive every penny of compensation you and your family deserve. If a loved one has been the victim of a wrongful death accident, do not hesitate to call 504-433-1442 today for a free consultation.



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