After an unexpected death, the decedent’s loved ones are faced with considerable hardships. These include not only grief but oftentimes a devastating financial burden. When their death was the result of another party’s negligence, those hardships are often amplified.
However, the defendant’s actions in contributing to your loved one’s death may entitle you to a wrongful death lawsuit and financial recovery to help you while you come to terms with your loss.
Utilize the experience of a Ruston wrongful death lawyer to begin the pursuit of money damages in your case. A dedicated injury attorney can help analyze your case to determine its merits while you focus on caring for your loved ones.
Contact us now for a free case review, call (318) 301-6535 or fill out the online form here.
Who is Eligible to File a Wrongful Death Claim?
Only specified individuals are permitted to file a wrongful death action under Louisiana Civil Code § 2315.2. These individuals include:
- Any surviving spouse
- Any children of the decedent
- A surviving mother and father if there isn’t a spouse or child to file
- Surviving siblings of the decedent if there aren’t parents, children, or a spouse to file
- Grandparents if there aren’t parents, children, or a spouse to file
Although this might seem complicated, a seasoned attorney with years of wrongful death litigation experience can assist in navigating your Ruston claim.
Factors That Might Lead to Wrongful Death in Ruston
In Ruston and the surrounding areas, there are a variety of hazards and other factors that might lead to wrongful death. Many of these are purely accidental, while others are due to the negligent acts of an individual or other party.
Some potential causes of wrongful death include:
- Motor vehicle collisions
- Medical malpractice
- Child injuries
- Timber industry accidents
- Injuries from defective equipment
- Paper industry accidents
- Slip and fall accidents
- Food poisoning and allergy responses
- Assault and neglect
- Defective products
These causes are usually standalone personal injury claims, but they take on a different context when a person loses their life as a result.
Compensation in Wrongful Death Actions
When deciding the sum of damages to award you in your claim, the court will consider many factors, including the former life expectancy of the decedent, the relationship between you and your lost loved one, their income before their death, and much more. Calculation of these losses often requires expert testimony to help establish the economic impact of your losses.
A wrongful death claim could award you damages such as medical and loss of household services, funeral expenses, lost income, and other economic damages associated with your loved one’s death. You might also get non-economic damages for your loss, including loss of love and affection, loss of consortium, grief, and pain and suffering.
What are the Time Limits on Filing a Claim?
When a crash causes a death, wrongful death and survival claims have their own timing rules. Wrongful death claims generally prescribe one year from death or two years from the day injury/damage is sustained, whichever is longer (La. Civ. Code art. 2315.2). Survival actions generally follow the same “one year from death or two years from injury/damage, whichever is longer” rule (La. Civ. Code art. 2315.1). Medical malpractice cases can have different timing rules. Because deadlines are fact-specific, speak with a lawyer promptly.
Rare exceptions could extend this date, but you should prepare to only have one year to avoid the risk. An attorney in Ruston can help you avoid losing your case by filing your wrongful death claim in a timely manner.
Get Legal Help from a Ruston Wrongful Death Attorney
To ensure quality legal assistance, you should reach out to our firm as soon as possible about your wrongful death claim. Your case needs an analysis of the facts to determine the best course of action.
With help, you may be owed a large monetary award. Contact an experienced Ruston wrongful death lawyer today for the assistance you need and deserve for your loss. Call us at (318) 301-6535 or fill out the online form here.