What Should I Ask a Wrongful Death Attorney?
When your loved one has died in a wrongful death accident that was caused by a negligent driver, defective product, or others, the family wants answers. They want to know how and why it happened, and they want the responsible person or entity to be held liable. By filing a wrongful death claim, they can get the answers to those questions and more and recover damages. Doing so, it can help them financially and give them a measure of peace and justice for their loss. Following are some of the questions you might want to ask a wrongful death attorney.
What Exactly Is a Wrongful Death?
A wrongful death occurs when negligence or an intentional act takes someone’s life. When this happens, the surviving immediate family members can file a claim to recover damages or the administrator of the deceased person’s estate can do so. However, only one claim can be filed, so it has to be decided between the administrator and family members. Wrongful death can occur for many reasons, including traffic collisions, a dog attack, manufacturing errors, medical mistakes, and others.
Is There a Statute of Limitations for Filing a Wrongful Death Claim in Louisiana?
In Louisiana, the statute of limitations for which a wrongful death claim can be filed is one year. This is one of the shortest in all the states. Because of this time limit, contacting a wrongful death lawyer right away is a good idea, so evidence to support the family’s claim can be gathered. If the loved one survived for a time before their death, the family also has one year to file a survival action.
What Family Members Can File for Wrongful Death?
The people that can file a wrongful death claim are the immediate family members, including the surviving spouse and children. If there is no surviving spouse or children, the father and mother may file. If the parents aren’t surviving, siblings of the decedent may file. Grandparents may file if the preceding relatives are not living.
What Compensation Can Be Recovered?
Three types of compensation may be recovered in a wrongful death claim in Louisiana: economic, non-economic and punitive damages. Economic damages are those with a set monetary value. Non-economic damages are those that have no set amount attached. Punitive damages are awarded in addition to regular compensation under special circumstances. The following may be recovered:
- Medical expenses as well as the cost of the funeral and burial can be recovered.
- Loss of income until the deceased person’s age of retirement can be recovered as well as their benefits such as a pension, insurance or retirement.
- Loss of inheritance may be recoverable in some instances.
- Non-economic damages may include loss of consortium, companionship, and emotional trauma caused by the death.
- Punitive damages are awarded by a jury if the death was especially egregious or an intentional act. They are meant to punish the wrongdoer for their actions and discourage behavior of this type in the future.
Olinde Law Firm Provides Help in Times of Loss
If a loved one has died due to negligence or because of an intentional act, the Olinde Law Firm can assist you if you are thinking about filing a wrongful death claim. You can schedule a free case review by calling us at (800) 587-1889 or by contacting us online. We can review your case and let you know about options to recover the compensation you deserve.