Following the death of a loved one, there is no question that the emotional toll can be overwhelming for most people. Dealing with financial struggles after their passing only adds to these challenges. The compassionate legal team at Tomeny | Best could help you deal with that financial hardship by helping you pursue damages in Prairieville wrongful death cases.
These lawsuits can be challenging to manage without help, especially during a turbulent time. The support of a dedicated wrongful death attorney could help you maximize your financial recovery.
Who Can Recover Damages?
Only specific individuals are entitled to recover compensation in a Prairieville wrongful death case. The right to file these lawsuits rests with the deceased’s surviving relatives. However, these rights are not equal for all parties. There is a hierarchy, and the loved one at the top of the list has the first opportunity to pursue a wrongful death case.
The highest priority goes to any surviving spouses and/or children. If any of these individuals outlive the deceased, they have the right to bring the case to court and recover any damages they can prove. Next are any surviving parents. They will only have the chance to file a lawsuit if there are no spouses or children living and willing to pursue the case. At the end of this hierarchy are siblings, followed by the deceased’s grandparents.
In some cases, no living relatives will be able and willing to file a lawsuit. Under that scenario, the personal representative of the estate has the power to bring a case. Any compensation recovered in this lawsuit is paid to the estate’s heirs.
Types of Available Damages
A person bringing a claim could be entitled to recover three different types of compensation in a wrongful death action: special, general, and punitive damages. An experienced Prairieville attorney from Tomeny | Best could explain the differences and advise which types of damages are available in a given case.
Special Damages
Special damages apply to the financial losses that result from an unexpected death. These direct costs arise when someone passes away, including funeral and burial expenses. Other common examples include the loss of services, like when the deceased person would have acted as a caretaker for a minor child.
General Damages
Also known as non-economic compensation, general damages apply to subjective losses of a physical or emotional nature. While there is no way to measure things like emotional distress objectively, it is possible to establish the value of a claim by showing a jury how a person’s death impacted the lives of their loved ones.
Punitive Damages
The third option is rarely available in wrongful death lawsuits. Known as punitive damages, these awards are not offered to compensate surviving relatives for their loss. Instead, they exist to punish wrongdoing. A court might agree to make this award when there is statutory authority to do so.
Talk to a Prairieville Attorney About Damages For Your Wrongful Death Case
When you have questions about recovering damages in Prairieville wrongful death cases, now is the time to get answers. The legal team at Tomeny | Best understands how to make the most of these cases.
We are ready to advise you of your options. Contact our lawyers today for a free consultation.
