Gonzales Wrongful Death Attorneys

Damages You Can Recover in a Louisiana Wrongful Death Claim

A wrongful death lawsuit can help you recover monetary and non-monetary damages. Monetary damages are calculable and have a dollar amount associated with them, while non-monetary damages are more nebulous and are meant to cover other consequences that come with a loved one’s untimely passing. In some cases involving especially reckless or malicious conduct, punitive damages may be awarded to punish the defendant and deter similar behavior in the future. 

Our legal professionals at Chris Corzo Injury Attorneys will fight to secure compensation for all pertinent losses, including:

• The victim’s final medical expenses
• Burial and funeral expenses
• Loss of income and benefits the victim would have earned
• Loss of inheritance
• Loss of companionship
• Loss of consortium
• Loss of enjoyment of life
• Emotional distress

How a Wrongful Death Attorney Can Help

You will need time to process the loss of your loved one in the days, weeks, and months after their passing. You may understandably not have the bandwidth to take on what can be a complex and contentious legal proceeding. A lawyer recognizes what you are going through and can provide the attentive, empathetic guidance needed to move your wrongful death case forward while simultaneously giving you space to grieve.

Depending on the nature of the claim, you may be going up against a company with considerable financial and legal resources. Our Gonzales wrongful death lawyers are prepared to level the playing field. We will investigate what happened, determine liability, and gather the evidence needed to prove the elements of the case. Our team will also work to avoid a drawn-out trial by attempting to negotiate a settlement that covers your losses. If an acceptable settlement is not possible, we will fight for you in court. In either scenario, we always endeavor to maximize the compensation you recover.

Frequently Asked Questions about Wrongful Death in Louisiana

Who Has the Right to Bring a Wrongful Death Claim in Louisiana?

If one of your family members perishes in a tragic accident, you should not automatically assume you have the right to file a wrongful death lawsuit on their behalf. Louisiana enforces rules on who can bring a claim. Generally, the most immediate surviving relatives have the ability to take legal action.

You likely have the right to file a wrongful death lawsuit if you are:

• The spouse or child of the deceased
• The parent of the deceased (if there is no surviving spouse or child)
• The sibling of the deceased (if there is no surviving spouse, child, or parent)
• The grandparent of the deceased (if there is no surviving spouse, child, parent, or sibling)
• The representative of the deceased’s estate (if there is no surviving spouse, child, parent, sibling, or grandparent)

Who Receives Compensation in a Louisiana Wrongful Death Settlement?

The party who brings the wrongful death lawsuit stands to receive any money secured in a settlement. If the deceased’s surviving spouse successfully files a claim, for example, they get the settlement money. Should a representative of the estate win or settle a wrongful death lawsuit, the deceased’s estate will receive the money.

How Long Do I Have to File a Wrongful Death Claim in Louisiana?

Qualifying parties only have one year from the date of the victim’s passing to file a wrongful death lawsuit. Missing this deadline will likely prevent a person with standing from recovering any compensation. Remember that the important date is the day the victim died, not the day they sustained fatal injuries. 

If a person suffers serious injuries in a motorcycle accident but does not pass away due to them until a month has passed, the latter date is the one that matters for purposes of understanding Louisiana’s statute of limitations.

If you need help understanding your legal options after your loved one was fatally injured in an accident, contact us online or call (225) 230-3110.