When a loved one passes away unexpectedly due to the negligent or wrongful actions of another, you may feel angry, confused, heartbroken, and helpless. In this tragic situation, you may want to consider contacting an Alexandria wrongful death lawyer for help. You could have a claim for wrongful death as a result of your loved one’s death, and the best way to know for sure is to consult with an experienced attorney who knows how to handle personal injury cases with compassion and discretion.
A wrongful death may occur whenever someone commits negligent, reckless, or intentional misconduct that results in another’s death. Wrongful death actions can arise from a wide variety of circumstances—essentially, any scenario that, had the victim survived, would have been grounds for a personal injury lawsuit. An Alexandria wrongful death lawyer could help evaluate the accident that led to a loved one’s death and represent surviving family members’ interests if there is a legally valid wrongful death action.
Pursuant to Louisiana Civil Code §2315.2, certain family members of a deceased individual may file wrongful death claims to recover damages as a result of the wrongful death of their loved one. Both a surviving spouse and/or child have first priority in bringing such an action forward.
If there is no surviving spouse or child, the right to bring a wrongful death action then defaults to the following family members, listed in order of priority:
The statute also provides that the right to bring a wrongful death claim can be inherited. However, inheriting that right does not impact the statute of limitations under La. Civil Code §2315.1, which states that any such action must be brought within one year from the death of the deceased.
Louisiana is a pure comparative negligence state, which means that even if a deceased individual was partially at fault for their wrongful death, their surviving family can still recover for their losses from other responsible parties. Under the legal theory of pure comparative negligence, the surviving family members of the deceased can recover compensation in a reduced amount that is proportionate to the decedent’s responsibility for the accident.
For example, if the deceased person is adjudged to be 30 percent at fault for the accident that led to their death, their surviving family can recover only 70 percent of their total losses. Furthermore, there is no amount of fault that would disqualify someone from being eligible to seek recovery in Louisiana—even someone who is 99 percent at fault could recover damages, although they would only be eligible to receive one percent of their total award.
Although no amount of money can bring loved ones back to their families, compensation can bring about closure and peace of mind to some extent. Wrongful death actions can also hold those individuals who wrongfully caused another’s death responsible for their actions.
Potential damages in a wrongful death lawsuit include the following:
While no two situations are the same, a successful wrongful death claim spearheaded by a skilled wrongful death lawyer in Alexandria may result in compensation for some or all the listed damages.
There is nothing easy about dealing with the death of a close family member. As such, you likely have many other things on your mind during this difficult time besides talking to an attorney about it.
However, contacting an experienced Alexandria wrongful death lawyer could be key to determining your eligibility to file a wrongful death claim. If you are entitled to compensation, you should strongly consider exploring the possibilities for bringing a wrongful death claim in your particular situation when you feel you are ready to do so.