If someone you love was the victim of a wrongful death due to the negligence or recklessness of another party, you might be considering filing a lawsuit to recover damages and the financial burden of your loss. While money will not restore all that you and your family have lost, recovering the actual and perceived expenses related to your loved one’s death can provide a sense of peace and closure.
Pursuing a wrongful death claim against a defendant is never easy, but you do not have to face it alone. Hiring a Ponchatoula wrongful death lawyer from Tomeny | Best could help you obtain justice through a civil lawsuit and recover the damages that you and your family deserve. Our attorneys are focused on guiding you through the legal process of a wrongful death lawsuit with compassion and empathy.
Potential Damages in a Wrongful Death Suit
Only certain individuals, in a specific order, may file a wrongful death claim. Generally, only immediate family members are legally permitted to sue for wrongful death. By priority, those individuals are the surviving spouse and/or children, parent(s) of the decedent, any surviving siblings, and then any grandparents.
Special and general damages are potentially available in a wrongful death lawsuit. These can include:
- Funeral and burial expenses
- Medical bills, including doctor and hospital visits
- Lost wages and lost future earnings
- Value of lost services that the decedent could have provided in the future
- Value of lost companionship, care, and affection
- Pain and suffering, mental anguish, and grief
An attorney who is familiar with suing for wrongful death in Ponchatoula could guide a surviving family member through the legal process of recovering damages.
How To Prove Liability in a Wrongful Death Lawsuit
According to state law, a wrongful death is defined as a death due to the fault of someone else (Louisiana Civil Code § 2315.2), and a variety of negligent or reckless acts can cause it, including motor vehicle accidents, pedestrian accidents, and accidents on public or private property.
Proving liability generally involves demonstrating in court that the defendant owed the plaintiff a duty of care, breached that duty of care through negligent or reckless behavior, and that the defendant’s negligence or recklessness wrongfully caused the decedent’s death. In order to prove liability, an experienced wrongful death attorney in Ponchatoula could gather evidence, such as police reports, surveillance or traffic camera videos, photographs, witness testimony, expert testimony, and other documentation.
Consult a Ponchatoula Wrongful Death Attorney
A plaintiff planning to sue for wrongful death has two years from the decedent’s passing to file a lawsuit. While two years might feel like plenty of time, the timeline coupled with the stress of managing grief and the decedent’s estate can be extremely taxing.
As the surviving family member of the victim of a wrongful death, you might consider speaking with a Ponchatoula wrongful death lawyer to ease the burden of filing a lawsuit. Scheduling a consultation with one of the adept attorneys at Tomeny | Best could provide you with the peace of mind you need to move forward with your life after a loss.
