After a loved one passes away from an accident, you can seek compensation for the losses the resulted from the death of your loved one. A compassionate wrongful death attorney could assist you with every step of this process.
When you bring a claim, you might find that the person or their insurance company would rather settle than fight in court. Baton Rouge wrongful death settlements might make for adequate compensation, but you should seek the advice of an attorney from Tomeny | Best to be sure, as our attorneys are well-versed in handling these claims. We could ensure that the settlement is just.
What Is a Wrongful Death Action?
A wrongful death action is a legal claim for compensation based on an accidental death. A person can bring the claim if they are one of several relations set by statute. Louisiana state law only allows certain relatives of the deceased to bring a wrongful death action. As laid out by Louisiana Civil Code § 2315.2, a surviving spouse and/or child can bring the action, and if none exist, then the parents can bring the action, and if none exist, then a sibling can do so. If the person does not have a spouse, child, sibling, or parent remaining, a grandparent of the deceased can sue on their behalf.
If a person is one of these relatives, then they can look to bring a wrongful death claim but must act quickly. If the accident happened after July 1, 2024, a person has two years to bring a claim from the date of the accident. If it happened before this time, they only have one year from the date of the accident.
An experienced attorney could walk a person through this process as it fits within the statute of limitations (prescriptive periods in Louisiana) if they are an eligible relative. A person could also work with a knowledgeable lawyer to gather evidence of what happened and who is responsible.
What Can Someone Expect From a Wrongful Death Settlement?
A settlement for a wrongful death could mirror the damages a person would expect to get by going to court, though likely with some reduction. Every case is different, and any settlement will depend heavily on the facts of the accident and death. In general, damages can include special damages and general damages.
Special Damages
These damages in a wrongful death action include the lost earnings of the deceased, funeral and burial expenses, and the lost value of the deceased’s services to the household and family.
General Damages
General damages can include the loss of a relationship, mentorship, and guidance, and sometimes the emotional pain and anguish of the surviving family members.
A settlement offered instead of going to court will look to compensate similarly to these kinds of damages. However, an offer from a responsible party might try to negotiate a lower amount at first. Working with a Baton Rouge lawyer could ensure that a person knows what to expect and what they should aim to receive in a settlement for a wrongful death case.
Discuss Your Potential Wrongful Death Settlement With a Baton Rouge Attorney Today
No amount of compensation can bring a loved one back, but with a wrongful death action and a tenacious lawyer on your side, you and your family might get some justice and closure on their behalf.
When you want to learn more about Baton Rouge wrongful death settlements or need a second opinion on a settlement offer, call our offices for a free consultation. Our attorneys at Tomeny | Best could evaluate your case and support you during this difficult time.
