When you lose a loved one, you may face financial hardship from mounting medical bills, lost wages, or even funeral expenses. While you may be reluctant to seek financial compensation after a devastating loss, our understanding wrongful death attorneys at Tomeny | Best could review all the available evidence for a claim and help you pursue the maximum amount of compensation.
When pursuing damages in Iberville Parish wrongful death cases, it can be challenging to place a number value on a loved one’s death, and our compassionate legal professionals understand the difficult nature of this process. Though financial compensation may never make the situation right, it could help to alleviate some of your family’s financial burden.
Who Can Bring Lawsuit?
Parents, spouses, and children can bring wrongful death actions. Parents can bring actions for the death of a minor child and, in some instances, the death of an adult. They can receive compensation for pain, suffering, loss of enjoyment, and special damages, if applicable. Children can receive money for financial losses, emotional trauma, and loss of support and comfort. When a decedent is married, the spouse usually receives the most compensation because they often have the most extended projected loss of income and companionship.
When there are questions about the types of damages available in an Iberville Parish wrongful death claim, a person should consult an experienced attorney. The amount and type of damages depend on several factors, including the nature of the accident, the relationship the decedent had with family members, and even the decedent’s income before death.
Types of Damages in Wrongful Death Cases
There are three types of damages in wrongful death cases: special, general, and punitive. Special damages replace financial losses related to the death. General damages refer to non-financial damages. Punitive damages are not available in all cases but are specifically meant to address egregious or outrageous behavior, such as driving while intoxicated.
Special Damages
Special damages can compensate people for financial losses. In a wrongful death situation, these losses can include the deceased’s medical bills before death, funeral costs, lost income, lost benefits, and even loss of inheritance. They can compensate for direct and indirect financial losses so that the financial loss can be a foreseeable result of the death, not just the direct result of the death. For instance, if the deceased were a caregiver for children, paying for childcare would be an indirect financial loss related to their death.
General Damages
General damages refer to non-financial losses. They are the justice system’s way of trying to put a dollar value on emotional and other losses without a direct monetary value. This could include loss of consortium, loss of enjoyment of life, emotional anguish, pain and suffering, and loss of companionship.
Punitive Damages
Punitive damages are not as commonly given as general and special damages, which will be sufficient in most circumstances. However, punitive damages may be available when gross negligence causes the action. An Iberville Parish attorney could help a person understand their available compensation options for a wrongful death claim based on the facts of a case.
Understanding the Importance of the Statute of Limitations
Louisiana’s statute of limitations for injury claims is the shortest in the nation, and wrongful death suits are no exception. A family only has a year after a loved one’s death to bring a lawsuit. Many families are still in the grieving process and are not even considering legal remedies. However, families must take steps to preserve their rights. In addition to explaining damages, an Iberville Parish lawyer from Tomeny | Best could also explain the statute of limitations and the expected timeline for a wrongful death claim.
Speak With an Iberville Parish Wrongful Death Attorney About a Damages Claim Today
When you have lost a loved one in a wrongful death case, our well-practiced attorneys could help you pursue compensation so that you can get justice for the deceased. Unfortunately, financial costs are sometimes the only thing that motivates people to change their behavior. If someone’s negligent behavior resulted in a death, you have the right to seek damages in an Iberville Parish wrongful death claim.
Contact a skilled attorney at Tomeny | Best. Our well-versed legal professionals could set up an initial consultation to discuss your options.
