Can I Get Funeral and Burial Expenses From a Wrongful Death Lawsuit?

Wrongful Death

There are very few circumstances that are more tragic than when a loved one dies unexpectedly due to the negligent or reckless conduct of another person or company. Whether their death was caused by a car accident, maritime injury, or some other tragedy, you can pursue a wrongful death claim on their behalf under Louisiana’s wrongful death laws. The purpose of a wrongful death lawsuit is to recover compensation for the loss of your loved one.

When a family member or close relative passes away, you might be concerned with covering the cost of their funeral and burial. The cost of these services can financially burden a family if they do not have the means to cover the costs out of pocket. To learn more about how to recover funeral and burial expenses and other damages in a wrongful death claim, speak with Kopfler and Hermann today.

Funeral and Burial Expenses

In a wrongful death lawsuit, funeral and burial expenses can be included as damages if the responsible party is found to be legally responsible. A wrongful death occurs when someone dies due to another party’s negligence or misconduct, such as a car accident, workplace accident, or criminal act. In these cases, the responsible party can be held legally responsible for damages related to the victim’s death. Among these damages, funeral and burial expenses are recoverable and can include funeral service fees, funeral home rental, the cost of tombstone, and cemetery fees. There is an exception in Louisiana medical malpractice wrongful death claims, where funeral and burial expenses are not recoverable.

In Louisiana, only certain family members or designated representatives are eligible to file a wrongful death claim. The relatives who can file are:

• Surviving spouse and children if the deceased was married or had children
• Surviving parents if the deceased was not married or had no children
• Surviving siblings if the deceased had no surviving spouse, children, or parents
• Surviving grandparents if the deceased had no surviving spouse, children, parents, or siblings

Relatives are listed in order of priority, and if a preceding relative is not alive, the next in line can file. For example, when a decedent had no surviving spouse or children, their parents can file on their behalf. If the deceased had no surviving spouse, children, parents, or siblings, their grandparents can file. If no family member files a lawsuit, the executor of the estate can file, but they are limited to recovering economic damages; meanwhile, a family member’s claim can seek to recover both economic and non-economic damages.

Other Recoverable Damages in a Wrongful Death Lawsuit

In addition to funeral and burial expenses, some other types damages that may be sought in a wrongful death lawsuit include:

• Medical expenses (past);
• Lost support from date of death to day of trial
• Survivors’ grief, mental anguish, pain, shock, and suffering
• Loss of future support and loss of contributions from the deceased
• Loss of love, affection, companionship, care, attention, nurture, guidance, society, consortium Loss of heritable estate
• The exact amount of compensation can be complicated to estimate and will depend on several factors, including the expenses, lost income, and pain and suffering relative to the victim’s injuries.

Contact a Louisiana Lawyer About Filing a Claim for Funeral and Burial Expenses

If your loved one died due to another person or entity’s negligence, and you are considering legal action, our experienced attorneys can help you navigate Louisiana’s wrongful death laws and recover the compensation you need to move forward. After the death of a family member or close relative due to negligence, you are entitled to recover damages including the cost of funeral and burial expenses. Contact our office to schedule an initial consultation.