Dealing with the death of a loved one can be hard no matter the circumstances, but it can be especially difficult when that death is caused by someone else’s actions. 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 could discuss your specific situation with you and provide advice on 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.
Marksville Wrongful Death Laws
In general, if someone dies due to another person’s wrongful act or omission in Louisiana, then a relative or family member may be able to file a wrongful death lawsuit on their behalf. Qualifying wrongful acts may include intentional injury or harm resulting in death as well as negligence. For example, if a doctor or hospital negligently performs a medical procedure and their patient dies as a result, that patient’s family may be eligible to file a wrongful death claim.
For a free legal consultation with a wrongful death lawyer serving Marksville, call (318) 777-7777
Who May File a Wrongful Death Lawsuit?
In Louisiana, only the following family members may file a wrongful death lawsuit, according to Louisiana Civil Code §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 the death of the deceased. 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 could help families properly file their claim by the one-year deadline.
Marksville Wrongful Death Lawyer Near Me (318) 777-7777
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 La. Civil Code §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 contact a wrongful death lawyer in Marksville about the specific details of their situation.
Avoyelles Parish Wrongful Death Lawyer
Types of Damages Available 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 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 surviving relatives of the deceased 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 costs accrued by the deceased. These medical costs must stem from the cause of death, however.
An Avoyelles Parish wrongful death attorney 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.
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Getting Professional Assistance from a Marksville Wrongful Death Attorney
Many people struggle to manage the various financial and psychological injuries the death of a family member or loved one can bring, especially if that death occurred suddenly and unexpectedly. If you believe your loved one passed away due to the actions or negligence of another person, though, you may be eligible to file a wrongful death lawsuit on their behalf.
For further information, contact 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 could file a wrongful death claim on your behalf and work to ensure you receive the best result possible.