Nothing about the unexpected loss of a family member is easy, and it is especially challenging to face a new financial reality while struggling with the emotional upheaval that comes with these losses. The experienced wrongful death attorneys at Tomeny | Best understand that no amount of money can replace your family member, but fair compensation could ease the financial uncertainty you may now face.
Negotiating a Prairieville wrongful death settlement is a complex process that should never be handled on your own. A mistake could limit the amount of compensation you are able to recover. Let us advocate for you so you can be with your family during this difficult time.
Understanding the Right To Settle
Not just anyone has the right to resolve a wrongful death action in Prairieville. Under Louisiana law, this ability is limited to certain close family members. There is a framework for determining who has the right to file a lawsuit and settle the claim, and surviving spouses and children are at the top of the list.
If the deceased is unmarried and has no surviving children, the power to settle falls to their parents if they are still alive. Next on the list are siblings, followed by grandparents if none of the other previously mentioned relatives are alive. If none of the parties on the list are available, a personal representative of the estate is empowered to negotiate these lawsuits.
How Long Does the Process Take?
Reaching a settlement in a Prairieville wrongful death case can take time. Every situation is different, meaning the amount of time it takes for one case to conclude might vary. In situations where liability is not in dispute, the parties might be able to agree without a lawsuit being filed. In weeks or months, the sides could resolve the case.
Other circumstances can make this process take much longer. If the defendant refuses to take responsibility, a settlement might take years or never happen. Larger potential settlement amounts can also take longer, as insurance companies are more likely to drag their feet or require additional documentation.
Available Compensation
The damages available through a successful settlement can vary. In general, awards can include financial and non-financial losses.
Special Damages
Known as special damages, these types of compensation make up most wrongful death settlements in Prairieville. Some common examples of financial losses include lost wages and medical bills. Determining the value of these claims usually involves documentary evidence like invoices or bills.
General Damages
General damages cover things like physical and emotional harm. They might include the loss of support and companionship from a loved one. Because of the subjective nature of these losses, an attorney may be able to prove the value of these damages using testimony of surviving relatives.
Punitive Damages
In rare cases, punitive damages are available. This type of monetary award is designed to punish instead of compensate. It is limited to cases where it is authorized by statute.
Talk to an Attorney in Prairieville About Your Wrongful Death Settlement Today
When you are considering legal action following the death of your loved one, it is essential to note that resolving your case may be possible without the need for a trial. However, if the need arises to go to trial, the attorneys at Tomeny | Best are always prepared for trial.
Call our understanding attorneys right away to discuss your options regarding Prairieville wrongful death settlements during a free consultation.
