A Wrongful Death lawsuit is one that involves a person who died unnecessarily, by the actions of another party. Basically, if an individual was killed by a drunk driver, the family of the deceased may sue not only the other driver, but the establishment that served him alcohol. The money recovered in a lawsuit is commonly referred to damages, and the damages recognized by the state of Louisiana for Wrongful Death suits are as follows:
Loss of Support Damages
Loss of support means that the deceased was providing support to the plaintiff. Suing for these damages allows the plaintiff to recover damages (money) that the court deems as fair. This is usually based upon the life expectancy and income of the deceased. Typically, this type of suit involves a marital partner receiving damages, but a parent can also receive loss of support damages if their child was contributing to the parents’ support before being killed wrongfully.
Loss of Society Damages & Grief and Anguish of Beneficiaries
Louisiana is one of a minority of states that allow loss of society damages. These include grief caused by the untimely death, loss of companionship, and loss of the person’s contribution to society. Many times, loss of society and grief & anguish are considered together. The relative closeness of the relationship between the deceased and the plaintiff is paramount in determining damages. In the case of a deceased child who provided support, the courts examine the time spent at home, and the general companionship of the child to the parents when determining damages.
Considering a Wrongful Death Claim? Talk To A Louisiana Wrongful Death Attorney
If you or someone you know is considering filing a wrongful death claim for damages in Louisiana, we strongly suggest you consult an attorney. Our law office has handled numerous wrongful death claims and we understand the legalities involved. If a loved one died an untimely death by no fault of their own, their heirs may be entitled to file a wrongful death claim. Get your free consultation today to determine if you or someone you know may be eligible for a wrongful death claim.
source: Louisiana Law Review