When a loved one dies in an accident, families are often overwhelmed with loss and confusion. Even though friends and family may support you with well-wishes and condolences, very few people will know where to start when the practical matters of paying funeral expenses and dealing with insurance companies come up. Some ay even dismiss such matters as distasteful to talk about.
Fortunately, there are attorneys and law firms that specialize in dealing with these aspects of accidents, law, and insurance. The Law Offices of L. Clayton Burgess will review your case carefully to make sure you are given fair compensation and given due consideration in a court of law. No family should have to navigate such a painful and stressful experience without guidance and assurance. Call our Lake Charles office at 337-214-8479 for a free consultation.
What Can Be Done After A Wrongful Death?
Wrongful death claims are typically filed by surviving family members or sometimes representatives of the deceased person’s estate. A wrongful death suit alleges that someone has been the cause of the death of a person either through negligence or a deliberate act. These type of suits cover a wide range of situations, though most people are familiar with aspects of them such as medical malpractice or auto accidents.
The type of losses and compensation that can be perused in wrongful death cases are quite similar to those found in personal injury cases. Things like pain and suffering of the deceased, medical expenses they incurred as a result of injuries they sustained prior to dying, and costs from the burial and funeral. Claimants may also be able to pursue lost wages that the deceased was expected to earn, lost companionship and emotional distress, and potentially lost inheritance from the deceased.
Louisiana law requires that a wrongful death suit must be filed within one year of the day the deceased died. Additionally, while Louisiana law allows for surviving family members to sue on behalf of the the deceased, it must be conducted in order of succession. This means that any children and/or spouse must bring the wrongful death suit. If there are no children or spouse, then the parents of the deceased can bring suit. If there are no parents, then siblings may file, and if there are no siblings. then grandparents may file.
Due to the complexities of who may and may not file a wrongful death suit in Louisiana, it is very recommended that families considering such a suit consult with a lawyer before attempting action on their own. Further legal counsel may be required if multiple heirs have to share any damages from a suit and cannot reach an agreement on how to divide it among themselves.
Common Causes of Fatal Accidents