This is what families can do after a fatal accident in Modeste

Modeste, LA – Some serious accidents can result in fatal injuries. When this happens the family will often need various forms of compensation to assist with their losses. Because the person who was injured is no longer around to file a lawsuit on their own, there is the possibility of another person in the family bringing the case. This is a special process that has slightly different rules than standard accident cases for negligence. Anyone who needs assistance with suing a person or business after fatal injuries should speak with a local attorney with experience in this area.  

Wrongful death laws

Louisiana and other states have passed laws that allow family members to bring a civil case on behalf of a deceased relative. These are called wrongful death laws. The statute outlines which family members can bring the case, what kinds of damages are available, and time limits to file the action. If local law enforcement believes that there were criminal activities that resulted in the person’s death, the government can choose to bring a criminal case as well, although that process is mostly outside of the control of the victim’s family. 

Damages available to the victim’s family

Civil lawsuits for wrongful death allow for a few different types of compensation. There are economic damages available. These are for the costs of things like the person’s final medical treatment, their lost income and wages, and the value of other services that they could have provided if not for the accident. A large portion of damages in wrongful death cases is based on projected future losses because the victim is no longer able to earn money to support their family. There are also non-economic damages available for pain, suffering, and other forms of emotional problems caused by the accident, although the attorney has room to argue for an amount that is not necessarily tied to any particular costs. 

A unique aspect of wrongful death cases is that the family can also ask for damages for funeral and burial costs. These are added to the family’s economic damages. 

Statute of limitations

Wrongful death lawsuits have a fairly short time limit to take action. In Louisiana, a wrongful death case must be brought within one year of the day that the victim died. For this reason, it is best for families to try to get advice sooner rather than later and start the process as early as they can. 

Injury attorneys in Louisiana

Miller, Hampton, and Hilgendorf is a firm that works with people who were injured in accidents in the area of Modeste and other parts of Louisiana. Their lawyers can provide advice about the process to receive compensation through a civil case. 

Firm contact info:

Miller, Hampton, and Hilgendorf

3960 Government St., Baton Rouge, LA 70806



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