After the death of a loved one, you may be feeling overwhelmed with paperwork in addition to coping with grief and other challenging emotions. When someone’s negligence led to the death of a family member, you may be able to bring a claim. A compassionate wrongful death attorney from Tomeny | Best could examine the facts of a case to see a family’s available legal options for filing a Prairieville wrongful death action.
It is crucial to be aware that you only have one year after the deceased’s death to bring a claim. Our skilled attorneys could help a party navigate this process and answer any questions they may have so they can determine how to proceed during this difficult time.
Defining Wrongful Death Claims
There are two types of claims people may be able to bring after the death of a loved one: a survival action and a wrongful death action. A survival action is meant to recover for the injuries the deceased person sustained before their death. Wrongful death claims are intended for the survivors to recover on behalf of the deceased. While these actions may be based on the same underlying action, the damages differ.
Both actions have the potential for three types of damages: special, general, and punitive.
Special Damages
Special damages compensate people for economic losses. Medical bills, lost wages and lost earning capacity are all included in this category.
General Damages
General damages compensate people for non-economic losses. Pain and suffering, emotional trauma, and loss of companionship all fall under this category.
Punitive Damages
Punitive damages are not generally available in negligence cases. However, the court might order punitive damages if the wrongdoer’s behavior falls in line with the allowed circumstances for punitive damages.
When a Prairieville family discusses filing a wrongful death action, they should also discuss filing a survival action. An experienced attorney could examine the facts surrounding a claim to see if a survival action would apply to a person’s claim.
Eligibility to File a Wrongful Death Claim
Not all family members or loved ones can file a wrongful death action in Prairieville. Only family members can file claims, which excludes people like live-in partners. Additionally, there is an order for who can file the claim. If people in a priority group pass on the right to file a claim, the right does not pass to the next group. The order in priority for filing a claim includes:
- The spouse and/or children
- The parents of the deceased
- The siblings
- The grandparents
If there are no surviving grandparents, the right is passed to the representative of the deceased’s estate. The law does not differentiate between people related by blood, marriage, or adoption. Adopted family and half-siblings have rights, however, parents who abandoned their child during their childhood will likely not be able to file a wrongful death claim. People who are uncertain whether they can file a wrongful death action should consult a knowledgeable attorney from our firm to learn more about their legal options.
Discuss Filing a Wrongful Death Claim With an Attorney
Filing a Prairieville wrongful death action can be intimidating and overwhelming, but a well-versed attorney from Tomeny | Best could advocate for you during this time so that you do not have to go through this process alone.
It is essential to file all lawsuits before the statute of limitations/prescription period expires, which is generally one year after a person’s passing. Our lawyers could describe the legal process and explain your potential remedies. Contact us for a free consultation.
