Lafayette, LA – Motor vehicle accidents and various other incidents can cause serious or life threatening injuries. In some cases, the injuries sustained by a victim will prove to be fatal. The civil law does provide remedies for family members of anyone who was fatally injured in a car crash through wrongful death lawsuits.
Louisiana laws related to cases involving fatalities
There is a special statute that allows certain family members to sue on behalf of deceased relatives. The lawsuit functions like many other civil personal injury cases for negligence. This means that the plaintiff needs to prove that a careless or reckless action was the actual cause of the injuries.
The law allows a case to be brought when a person dies due to the fault of another individual or entity. If intentional conduct is involved and there is a related criminal case, this will be handled separately in the criminal courts.
The case will generally be brought by the victim’s spouse or children. If neither of these parties are available, parents, grandparents, or siblings may be eligible to file the lawsuit. As a last resort, the victim’s estate can bring the action on their behalf if no other family members are available.
Compensation after a fatal accident
A very important factor in civil cases is the element of damages. This is when the plaintiff’s attorney can summarize all of their losses due to things like medical treatment, lost wages, and property damage. The victim is also eligible to receive non-economic damages for emotional pain and suffering, even if these are not tied to specific tangible losses. In fatal cases, these damages may also include the value of various kinds of services and work that the person could have done if they had survived. Damages can become complex in a case related to a fatality depending on the person’s income, age, and other factors that affect their earning potential and their family’s losses.
Specifics related to each case
Because each individual case is different, it is important for potential clients to get legal advice before trying to estimate the value of their lawsuit or make other assumptions. Wrongful death cases in Louisiana also have a short statute of limitations. The case must be filed within one year from the date that the person died. This means that it is imperative to get assistance from a lawyer as soon as possible after the incident.
Accident victims can receive guidance from an attorney
There are lawyers in the Lafayette area who focus on accident cases and issues related to personal injury lawsuits. Miller, Hampton, and Hilgendorf is a respected firm that helps clients in the Lafayette area and nearby parts of Louisiana.
Firm contact info:
3960 Government St., Baton Rouge, LA 70806