Brusly Landing, LA – In most cases after an accident, the victim can attempt to bring a personal injury lawsuit against the person or business responsible for their losses. However, after a fatal accident the victim is unavailable to bring the case on their own. In these situations, there are wrongful death laws that allow other individuals to bring the case on the deceased person’s behalf, and the compensation can be paid out to the victim’s family. There are accident attorneys who have extensive experience with wrongful death lawsuits, and they can provide specific advice to anyone who has recently lost a family member in an accident.
What is a wrongful death lawsuit?
A wrongful death case is a civil lawsuit that follows the structure of a negligence case. The victim’s representative will argue that the defendant engaged in some kind of negligent or intentional act that resulted in the death of the plaintiff. If there is causation between the defendant’s actions and the fatal accident, then the defendant will be found liable and have to pay out damages to the plaintiff.
If criminal charges are brought for the same incident, these are handled separately by the government and the outcome of the cases may not necessarily be the same. There is a higher burden of proof to find a defendant guilty in a criminal case than to find a defendant liable for damages in a civil case.
Who can bring the lawsuit in Louisiana?
The first set of family members that can potentially bring a case are the deceased person’s surviving spouse and children. If none of these parties are available, the statute says that the person’s parents can bring the action. In a case where there are no spouses, children, or parents, a sibling can bring the lawsuit. Finally, the victim’s grandparents can bring the case if none of these other family members are available.
Regardless of which family member brings the case, there is a one year time limit from the date of the person’s death to file the lawsuit.
Damages for a wrongful death
There are a number of different types of compensation available. This can include funeral and burial expenses, the future income the victim would have earned if they had lived, and the costs of final medical treatment. The family can also ask for non-economic compensation related to emotional pain, suffering, and trauma.
Learning more about civil accident lawsuits
Miller, Hampton, and Hilgendorf is a firm that helps people after various kinds of accidents and injuries in Brusly Landing and other parts of Louisiana. Anyone who needs legal advice can schedule a meeting with their personal injury attorneys.
Firm contact info:
3960 Government St., Baton Rouge, LA 70806
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