Coming to grips with the death of a loved one is never easy. When that person died as the result of the carelessness or intentional misconduct of another, the impact on those left behind can be devastating.
Wrongful Death Claims In General.
Wrongful death can be the result of someone else’s negligent or reckless conduct (for example, medical malpractice; workplace accidents; explosions; toxic torts) or can even be caused intentionally (e.g., bar fights; shootings, etc.).
When an individual’s death is caused by the wrongdoing of another person or even an entity, like a corporation, the law allows the surviving family members to seek compensation. This is referred to as a “wrongful death” claim or cause of action.
Regardless of how the death was caused, a wrongful death claim essentially allows the surviving family members to pursue a personal injury claim on behalf of their loved one.
Who Can Bring a Claim for Wrongful Death?
Not just anyone can file a wrongful death claim, however.
In Louisiana, the state’s wrongful death statute specifies exactly who can bring a wrongful death claim. The state law creates specific categories of individuals who may bring a wrongful death claim to court when an injury proves fatal.
What Losses Are Recoverable for a Wrongful Death?
The law also governs what type of compensation the surviving family members can recover for a loved one’s death. Each state has its own laws regarding the damages a party can recover in a wrongful death action.
In Louisiana, the statute allows a party to recover both “economic” and “non-economic” damages. “Economic” damages are money damages that are specific and can be fairly easily calculated. They include (are not limited to) things like funeral and burial expenses, medical bills, lost wages and benefits, and more.
Non-economic damages, on the other hand, are damages or losses suffered that are not so easy to calculate. Non-economic damages include things like “pain and suffering” that the deceased person suffered in his/her last moments, and the loss of companionship and emotional support suffered by his/her surviving family members.
When someone is taken from you—especially when it is because of the negligent or intentional wrongdoing of another—nothing can make up for your loss. But a wrongful death action can at least seek justice for your loved one.
If You Need Counsel, Call Us ToDay!
If you have lost a loved one due to the negligence of another, or know someone who has, contact us ToDay. At the Day Law Group, we handle wrongful death claims. We offer FREE consultations and in most cases, we don’t get paid unless you win. Our office is in Baton Rouge, and we serve Baker, Denham, Gonzales, Port Allen, Prairieville, New Orleans, and Zachary. So call (225) 465-1232 ToDay to schedule your free consultation or contact us here.