Helping Louisiana Survivors Overcome the Loss of a Loved One

Losing a dear one in a fatal Louisiana car accident is among the toughest experiences anyone could go through. The mere discussion about compensating the death of a mother, child or husband is difficult to imagine, because a monetary claim cannot be compared to what has been lost. This doesn't mean that a wrongful death claim does not make sense, and doesn't serve its purpose. It is an essential component of correcting a wrong in the pursuit of justice, and helps the victims rebuild their lives. The Louisiana community cannot afford to have negligent people pose a danger to life, which is why wrongful death laws exist.

Who can file a wrongful death claim and receive benefits?

In order of priority, descending each step if not applicable, those who can file a claim are:

• The spouse and / or children of the deceased;
• The parents;
• The siblings;
• Or the grandparents.

These family members are also eligible to receive compensation, while more distant relatives, like cousins or in-laws, can be beneficiaries under certain circumstances but cannot file the claim.

What sort of damages can be claimed?

Monetary damages that are the easiest to calculate, like:

• Expenses in relation to the death: funeral and burial expenses, uninsured emergency and medical expenses, loss of community property;
• Loss of benefits: what a person would have received from the deceased had he or she lived;
• Loss of future earnings: what the person who died would have earned in professional income;

Other, emotional damages relate to the suffering brought about by the loss of a loved one:

• Loss of companionship, mental pain and suffering resulting from the victim's death, loss of care and support.

How are emotional damages calculated?

An experienced wrongful death attorney will be able to show the jury how the loss of a loved one affects the lives of surviving family members, citing how dependent the survivors were on the decedent for guidance, affection, education, and moral support. The anticipated lifespan of the decedent is a major element in the amount of wrongful death compensation.

If you have been hurt or lost a loved one in a car accident caused by someone else, contact the New Orleans car accident attorneys of the Young Firm for a FREE discussion of your case.