The Elements of a Successful Louisiana Wrongful Death Claim
The death of a loved one is, of course, devastating. The personal burden of mourning someone close is extremely overwhelming in its own right, and can only be overcome through the personal grieving process. However, many deaths leave behind a financial burden as well, and it can often feel as though the need to address that burden is getting in the way of the grieving process. If you believe that your loved one’s death was untimely, you may have considered a wrongful death claim. However, Louisiana personal injury law can be confusing and the legal process intimidating. You may not know where to start.
Attorney of Counsel Berit Hanna at Carabin Shaw can help. She has extensive experience representing clients like you with wrongful death claims in Louisiana. For a free consultation, call Carabin Shaw today at 1-800-862-1260.What Makes a Successful Louisiana Wrongful Death Claim?
In order for a wrongful death claim to be viable in Louisiana, it must fit a few prerequisites. These are:
- The deceased died as a result of the actions of another person, whether negligent or intentionally malicious
- No more than a year has passed since the person’s death
- The person filing is a spouse or child of the deceased; or, if no spouse or children survive, a parent, grandparent, or their estate
- If the person filing is a parent of the deceased, they did not abandon the deceased at any point before the deceased turned 18
If the specifics of your case match all of the above, look into Louisiana injury lawyers to assist you with a wrongful death claim.Who Can Be Held Accountable in My Wrongful Death Claim?
A wrongful death can happen for any number of reasons, and as such people in various different roles can be held responsible for a wrongful death. Depending on the circumstances of death, a wrongful death claim in Louisiana might target:
- Medical professionals believed to be guilty of malpractice
- Vehicle drivers involved in an accident
- Supervisors at the deceased’s workplace
- Manufacturers producing fatally dangerous products
- A person guilty of physical assault against the deceased
If you are not sure who should be the recipient of your wrongful death claim, look for an attorney to advise you.How Much Can I Receive For a Wrongful Death Claim?
There are two types of damages in a personal injury case: economic and noneconomic. In the case of a wrongful death claim, economic damages might include the cost of burial, the cost of medical care for the injuries that lead to the death of the deceased, and the loss of financial security for those financially dependent upon the deceased.
Noneconomic damages address emotional or physical pain and suffering and reduced quality of life. In Louisiana, damages for medical malpractice cases, or any in which the defendant is a government agency, are capped at $500,000 in total.How Can I Find Louisiana Injury Lawyers?
When looking for professional legal counsel, your best option is to schedule free consultations. In these meetings, you can interview an attorney before deciding whether or not to hire them. Many clients use consultations to inquire about a lawyer’s record, how experienced they are with wrongful death claims in Louisiana, and how many of their claims are settled out of court.
You can also ask your potential attorney about how they might approach your case, how long they see the process taking, and how much they believe you are likely to receive in damages. Make sure to hire a lawyer who can back up their experience with and knowledge of wrongful death litigation and who makes you feel that your claim will be in good hands.
Attorney of Counsel of Carabin Shaw, Berit Hanna offers free consultations by phone. Call Carabin Shaw today at 1-800-555-0101 to see if she is right for your case.