By definition, a wrongful death is when someone dies due to the negligent, reckless, or deliberate behavior of someone else. A wrongful death can occur in a number of situations. Each year, 45,000 people die in motor vehicle accidents. Almost 6,000 people are fatally injured in workplace accidents. A staggering 90,000 deaths occur each year due to medical malpractice alone.
Other causes of wrongful death include:
- Nursing home abuse
- Defective drugs
- Exposure to toxic materials
- Defective products
Coping with the loss of a loved one can be one of the most trying times of your life. When your family member’s death was caused by another party’s negligence or wrongdoing, the family of the victim can pursue a wrongful death claim for the deceased’s medical bills, loss of wages, funeral and burial expenses, and other financial losses.
WHAT IS A WRONGFUL DEATH LAWSUIT?
The laws involved in wrongful death lawsuits are complicated and vary from state to state. We know that during your grieving period, consideration of a wrongful death lawsuit is not on the top of your mind, but many states require wrongful death cases to be filed within a specific time period. You need an experienced wrongful death attorney familiar with each state’s applicable statute of limitations.
Through a wrongful death suit or accidental death suit, a family can explore options for compensation from the responsible party for the loss of financial, emotional, and physical support provided by their deceased family member. Additionally, the law compensates plaintiffs for the mental anguish and emotional suffering they experience upon losing a loved one.
TYPES OF WRONGFUL DEATH CASES
Louisiana wrongful death cases can be brought for a wide range of accidents. If your loved one died after suffering injuries below, you can turn to the New Orleans wrongful death lawyers at Lambert, Zainey, Smith & Soso for help seeking compensation.
WHO CAN FILE A WRONGFUL DEATH CLAIM?
Personal injury cases typically involve the injured party as the plaintiff. In wrongful death cases, this is not possible.
It is specifically stated in state law who can bring wrongful death suits, so there is less confusion that can occur. According to Louisiana Civil Code 2315.2 (A), an action may be brought by:
- The surviving spouse or child of the deceased;
- The surviving father and mother of the deceased;
- In the absence of parents or children, the surviving siblings of the deceased; or
- Grandparents, if none of the deceased’s parents, children, or siblings survive.
WHAT IS ELIGIBLE FOR COMPENSATION IN A WRONGFUL DEATH CLAIM?
Families of victims often wonder what compensation they can get when a loved one dies from someone else’s negligence. The following are examples of compensation from a wrongful death lawsuit:
- Lost wages
- Loss of financial support, including benefits and pension plans
- Loss of future expected earnings
- Loss of companionship, protection, and consortium
- Suffering, both physical and emotional
- Death-related medical and burial expenses
Judges and juries usually consider several circumstances when determining damages. The extent to which the deceased supported his family before his death will depend on the character of the deceased. For example, how the deceased usually spent money while alive. An individual may be liable for less in damages if a judge or jury finds that he or she did not contribute to the family income before death.
HOW TO FILE A WRONGFUL DEATH CLAIM IN LOUISIANA
If you are contemplating whether to file a lawsuit against a person or an institution for wrongful death, then there are a few things to consider. The deadline for filing a wrongful death claim in Louisiana is one year following the death of the victim. It starts on the death date of the victim.
A wrongful death case can ask for economic compensation as well as noneconomic compensation. Damages can be classified as follows:
- Economic Damages – Loss of wages, medical bills, and funeral expenses.
- Non-Economic Damages – Pain, suffering, and loss of emotional support.
Please contact us to discuss the details of the death of your loved one and the legal options available to you. The process of filing a claim will be guided to you step-by-step. The death of a family member is one of the most difficult things you can experience. You do not need to add financial difficulties to the burden caused by their death. Our attorneys can assist you with pursuing compensation to lessen these financial concerns.
CONTACT OUR NEW ORLEANS WRONGFUL DEATH LAWYERS
We know nothing can bring a loved one back, but holding the responsible party accountable for their actions can provide some closure. Lambert, Zainey, Smith & Soso has handled many wrongful death cases over the years, and we can help you seek the compensation you deserve. Lambert, Zainey, Smith & Soso has been handling Louisiana wrongful death cases for over 35 years. Our experienced team of New Orleans wrongful death lawyers will work hard to get you the best possible result. Contact our Louisiana trial lawyers today.