A wrongful death arises when a person’s death is the result of another’s negligent, reckless or intentional actions. When this occurs, the victim’s surviving dependents may be entitled to file a wrongful death lawsuit against the at-fault party to receive compensation.
However, only certain parties are entitled to file a wrongful death lawsuit in Louisiana. Below, Simien & Simien’s Baton Rouge wrongful death lawyers discuss which parties may be considered a dependent of the deceased and are entitled to compensation from the at-fault party.
For additional information on filing a wrongful death lawsuit, or to obtain qualified legal representation, contact us to schedule a free, no obligation consultation to discuss your claim.
Who Can File a Wrongful Death Lawsuit?
Only certain individuals may pursue a wrongful death claim in Louisiana. These parties include the decedent’s:
Surviving spouse
Children
Parent or parents, if the deceased does not have surviving a spouse or child
Siblings, if there is no surviving spouse, children or parents
Grandparents, if there is no other surviving family members to bring a claim
Common Types of Wrongful Death Cases
Wrongful death lawsuits are usually filed after a person died in an accident caused by another’s negligence or intentional actions, such as:
Construction accidents
Auto accidents
Medical malpractice
Criminal behavior
Nursing home neglect and abuse
Medication errors
Slip and fall accidents
Defective products
Workplace accidents
Compensation for a Wrongful Death Case
By filing a wrongful death lawsuit, the decedent’s surviving dependents may be entitled to pursue compensation for:
Medical Expenses
Often, accident victims who succumb to their injuries incur large medical expenses before their death. This can include:
Emergency room visits
Surgery expenses
Hospital stays
Follow up treatment
Medication costs
Lost Income
The surviving dependents may be able to pursue compensation for the income the decedent would have earned had he or she survived the accident.
There are several factors that may be considered when pursuing compensation for loss of income, such as the decedent’s:
Age
Occupation
Average income
Health before the accident
Work history
Education level
Funeral Costs
Another type of compensation you may be able to pursue through a wrongful death lawsuit may include the decedent’s funeral costs. This can include compensation for:
Memorial service
Transportation costs
Burial plot
Cremation
Casket
Urn
Pain and Suffering
The decedent’s surviving dependents may also be entitled to pursue compensation for pain and suffering.
However, these damages are typically reserved for situations where the decedent suffered significantly during the final days or hours of his or her life. This may occur if the decedent was in severe pain, discomfort or died in an extreme manner.
Emotional Distress
Suffering the loss of a loved one can take a heavy toll on the victim’s family. In this situation, the decedent’s surviving dependents may be entitled to compensation for emotional distress.
This may include compensation for:
Sorrow for losing a loved one
Mental anguish
Psychological loss
Trauma
Loss of Companionship
Loss of companionship is compensation for the love and support the decedent provided while he or she was still alive. Often, this type of compensation is reserved for the decedent’s spouse, partner or children.
However, it can be difficult to prove loss of companionship and often requires you to show how the private aspects of your personal life have been affected by the at-fault party’s negligence.
How Long You Have to File a Wrongful Death Lawsuit
If you are pursuing a wrongful death lawsuit in Louisiana, you must file your case within one year of the decedent’s death.
It is important to contact a lawyer soon after the incident to discuss options and gather evidence to prove the negligence of the at-fault party or the willful criminal behavior of the other party.
Contact a Lawyer for Assistance
If someone you loved died as a result of another’s negligence or intentional harm, you may be entitled to pursue compensation by filing a wrongful death lawsuit against the at-fault party.
Simien & Simien’s Baton Rouge personal injury attorneys understand the difficulties many people face after losing a loved one in an accident. We will provide you with a free, no obligation consultation to review your claim and help you determine if you can pursue compensation from the at-fault party. We do not charge upfront fees for our services and only require payment if you are compensated for your claim.
