According to the Louisiana Civil Code, a wrongful death claim will occur when an individual dies due to the fault of another. The death can be caused by another individual or occur as a result of wrongdoing by an entity such as a corporation. An accident or a purposeful action can lead to wrongful death. Thus, it covers everything from recklessness to negligence to intentional conduct.
A wrongful death claim can be equated to a personal injury claim, with a key difference that the injured individual is no longer available to fight their own case in court. Instead, family members of the victim must file the claim to seek damages.
If you suffered due to the wrongful death of a loved one, you may be entitled to compensation. A compassionate wrongful death attorney in Lafayette can help you determine the validity of such a claim and help you get the best possible outcome.
Under Louisiana law, there are specific categories of people who can file a wrongful death claim in court in the event of a fatal injury. They include the decedent’s:
• Spouse or children
• Parent or parents in the absence of surviving spouse or children
• Siblings in the absence of surviving parents, spouse or children
• Grandparents if there are no surviving siblings, parents, spouse or children
For each of these categories, the deceased’s family members who are related by adoption can also file a wrongful death claim just as family members related by marriage or blood may.
Economic and non-economic losses may both be covered by wrongful death damages claims. Specific, measurable losses are counted as economic losses. These can include:
Losses resulting from a wrongful death that cannot be supported with proof such as a receipt or bill are categorized as non-economic. Pain and suffering endured by the deceased individual in their final moments, loss of companionship, loss of guidance, loss of care, and loss of emotional support experienced by the family due to the untimely death can be categorized as a non-economic loss.
In the absence of any surviving family members who can pursue this claim in court, the executor or personal representative of the deceased individual’s estate can bring a claim to seek damages for losses incurred by the estate. A well-versed Lafayette wrongful death attorney can evaluate a claim to determine what losses may be available.
When your family member dies in a fatal accident or fatal injury, it can lead to immense turmoil and pain along with extensive financial and other losses. Though money cannot make up for the loss, it can help you cover the extensive financial losses.
This is why it is essential to consult with a compassionate Lafayette wrongful death lawyer who understands what your family is going through. They can be an important ally through this difficult time to help you get the justice you deserve.