While each state has its own set of laws governing wrongful death claims, in this article, we will look at Louisiana's definition of a wrongful death claim, and who can bring this type of lawsuit to one of Louisiana’s district courts. We will also cover damages available in a wrongful death case as well as discuss the time limits that affect these claims.
A wrongful death lawsuit seeks compensation when "a person dies as the result of another’s fault," according to Section 2512.2 of the Louisiana Civil Code. A wrongful death claim can be the result of wrongdoing by an entity or an individual. A wrongful death may be caused by purposeful action or an accident. In other words, wrongful death can range from intentional conduct to negligence or recklessness.
A wrongful death claim is often the surviving family member's only recourse for the untimely death of a loved one.
Eligibility for Filing a Wrongful Death Case in Louisiana?
State law establishes specific categories of persons who can bring a wrongful death claim to court when an injury is fatal. The following parties are entitled to file a wrongful death claim:
In addition, adopted family members in the categories listed above may file a wrongful death claim. If no surviving family members exist to bring a wrongful death claim, a deceased person's estate could potentially bring a wrongful death claim to court.
If a parent is determined to have abandoned the deceased person during his or her childhood, that parent cannot file a wrongful death claim.
A wrongful death claim may, in some instances, also include a criminal lawsuit filed by the district attorney's office. In cases where the at-fault driver is found to be driving recklessly or impaired, the D.A. Office may file homicide charges against the at-fault driver.
A criminal case does not preclude the filing of a wrongful death claim, but the surviving family should understand the differences between these two categories of claim. The prosecutor’s office will file a criminal case, while it is up to the surviving family members to file a wrongful death claim. In a criminal wrongful death case, the fault is punished with penalties such as probation, fines, or confinement or prison time. In contrast, in a wrongful death case, liability is conveyed solely in terms of monetary damages. For further clarification, we encourage you to speak to a Louisiana wrongful death attorney about how the two classifications of cases can influence each other.
Damages in a Wrongful Death Case
Reparations (Damages) in a wrongful death claim can include noneconomic and economic losses. Economic losses include specific, measurable losses, including:
Non-economic losses include losses suffered due to a wrongful death that cannot be verified with a receipt or bill. The non-economic losses that can be addressed in a wrongful death claim include:
Surviving family members of the deceased should seek both economic and noneconomic damages when filing a wrongful death claim. If surviving family members are not capable of bringing the claim to court, an executor or representative of the deceased person's estate can bring a claim to seek economic damages for the losses suffered by the estate.
Statute of Limitation (Time Limit) for Filing a Louisiana Wrongful Death Lawsuit
The statute of limitations in Louisiana for wrongful death claim is one year starting from the date of the death. You must file a wrongful death claim by this deadline to ensure your case will be recognized. Contact our Lake Charles Louisiana wrongful death attorneys for a free consultation on your claim.
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Car accidents are an unfortunate risk we take every time we get behind the wheel of a vehicle. If you happen to be involved in one, you should consider hiring a personal injury lawyer in Lake Charles that will ensure you are justly compensated.
This article will help you to decide if you need to contact a personal injury attorney. Most personal injury law firms fees are contingency-based, so there is never a disadvantage in at least consulting a personal injury attorney in Lake Charles. So now, let us take a look at the reasons you should contact a personal injury attorney.
More often than not, accident victims should consider calling a personal injury lawyer in Lake Charles for the following three reasons:
Often, car wreck victims do not contact a personal injury lawyer at all. They think their injuries are mild, go away without medical attention, and often forgo a medical evaluation. But gradually, with an increase in pain, they realize that they have underestimated their injuries. These untreated injuries can cause short or long term damage that can linger, causing the injured to unnecessarily live with pain.
While your injuries may not be severe enough to rush you to an emergency room, you should understand that car accident injury may take a while to develop. Not seeking medical attention immediately following an accident can decrease your chances of getting compensation for the medical claim.
While you are busy trying to be optimistic about your accident, make sure that you are not causing long term damage to your body. Seeking medical attention following an accident allows a physician to ask questions about the accident, helping determine the appropriate test to ensure you are indeed injury-free. A personal injury attorney in Lake Charles will usually encourage you to seek medical attention for your protection.
Stress and paperwork
With a car accident comes lots of paperwork. Phone calls and interviews with insurance companies, an ever-increasing pile of forms and affidavits, none of which leave you time to process the accident or begin recovery.
Even if your injuries were not severe, merely navigating the paperwork and phone interviews can be stressful. The opposing insurance company's job is to limit their liability, and their questions are geared to do just that. It is advisable to get the help of a Lake Charles personal injury attorney. Our attorneys are acquainted with the insurance adjusters and lawyers' mode of questioning and can help you avoid pitfalls of the interviewing process. Our injury attorneys Lake Charles act as your representative, take care of the paperwork, filings, work with your medical providers on billing, and call the insurance companies involved in the claim.
Yes, accidents are indeed unfortunate, but the trail of events that follow an accident can be even more hapless. The most frustrating of them is the expense. Recovering from a serious car accident can result in tens of thousands, if not hundreds of thousands of dollars.
The accident might not seem very serious at first, but slowly you realize its financial impact.
There are many types of damages and expenses in a car accident injury:
Mentioned above are the most common financial effects of an injury that take a toll on your financial stability. If you have been involved in a car accident in Lake Charles Louisiana , consider contacting our Lake Charles personal injury attorneys.
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