Dealing with the death of a loved one can be hard no matter the circumstances, but it can be especially difficult when someone else’s actions caused that death. In such a situation, it is important to understand that you have legal options and may have a path for civil recourse available to you.
A Marksville wrongful death lawyer from our team could discuss your specific situation with you and advise whether you may be able to file a wrongful death claim on behalf of the deceased individual. Consult a compassionate personal injury attorney who could do all the legal paperwork necessary to help you receive justice for your loved one and recover damages associated with your loss.
Who Can File a Wrongful Death Lawsuit?
In Louisiana, only the following family members may file a wrongful death lawsuit, according to Louisiana Civil Code (CC) §2315.2:
- The surviving spouse or children
- The surviving father or mother, if there is no surviving spouse or children
- The surviving siblings, if there is no surviving parent, spouse, or child
- The surviving grandparents, if there is no surviving sibling, parent, spouse, or child
Under this statute, all wrongful death lawsuits must be filed within one year after your loved one’s death. Due to this short prescriptive period, any family members considering filing a wrongful death lawsuit should seek legal assistance as soon as possible. A dedicated Marksville wrongful death attorney from our firm could help families properly file their claims by the one-year deadline.
Recoverable Damages in Wrongful Death Lawsuits
Family members may be able to collect a variety of damages in a wrongful death lawsuit, including compensation for burial and funeral expenses. Additionally, families may be able to collect compensation for any medical costs related to the deceased’s illness or injury that caused their death.
Wrongful death claims may also include damages for pain and suffering. According to Louisiana Civil Code (CC) §2315.6, family members may be able to claim damages for “mental anguish or emotional distress” caused by seeing their loved one’s injury or death.
Finally, family members could claim damages for other types of non-economic harm, including loss of companionship, loss of guidance, and the like. Any individual who requires further information about damages in wrongful death lawsuits may wish to talk with a wrongful death lawyer in Marksville about the specific details of their situation.
A Lawyer Can Help You Build a Strong Case and File Everything by the Appropriate Deadline
At Laborde Earles Injury Lawyers, we also serve families throughout the Avoyelles Parish area from our office in Marksville. We handle wrongful death and personal injury cases in an effort to hold negligent parties accountable for the harm they cause and make these communities safer.
On a more individual level, we offer our services to help victims of negligence receive compensation so they can begin to heal and move forward. No one should have to face the untimely death of a loved one alone, which is why our team will take care of the following when you come to us for support:
- Examining the evidence: We will review any details provided in the official accident reports and conduct our own investigation as necessary. The evidence we compile should help us prove the cause of the fatal incident and who was responsible.
- Naming the liable party: The trail of evidence should lead us to the negligent party. From there, we can determine whether the at-fault party or another individual or entity is liable for the damages.
- Adding up your damages: The evidence in your case will also help us estimate how much you can seek to recover from the liable party in wrongful death damages.
- Identifying the filing deadline: As soon as we verify the date of the death, we will determine your filing deadline so we can prepare your case in time.
- Managing paperwork and communications: Our team will handle all correspondence between you and the other parties’ representatives. We will also complete your legal forms and submit them on your behalf.
- Advocating for your family’s recovery: Whether we negotiate a settlement or take your case to court, you can rest assured that a wrongful death lawyer from our team will fight for your best interests along the way.
Past client Brenda Lott shared in a Google review that we “went above and beyond [her] expectations” with our services. We would be honored to provide your family with the same level of care during this time.
Types of Damages You Can Claim in a Wrongful Death Lawsuit
The damages available in a wrongful death lawsuit differ significantly from personal injury claims. While no amount of money can make up for human life, a wrongful death lawsuit can help secure a family’s financial wellbeing.
Some of the commonly sought damages in a wrongful death suit include:
- Burial costs – The cost of a funeral and related expenses can be in the thousands of dollars, even with an active life insurance policy in place.
- Loss of support – If the deceased’s surviving relatives relied on them financially to survive, they might have a valid claim for loss of support.
- Medical costs – A wrongful death suit may also cover any medical expenses accrued by the deceased. These medical costs must stem from the cause of death, however.
An Avoyelles Parish wrongful death attorney with our firm might be able to compile the costs, both direct and indirect, of the death. By filing a lawsuit, the surviving family may be able to recover those costs.
Getting Professional Assistance from a Marksville Wrongful Death Attorney Today
For further information, contact our team about hiring a Marksville wrongful death lawyer today. Skilled attorneys could investigate the circumstances surrounding the death of your loved one and provide you with legal options on what to do next. If you decide to file a lawsuit, a lawyer from our team could file a wrongful death claim on your behalf and work to ensure you receive the best result possible.