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Thibodaux Wrongful Death and Survival Action Lawyer

The loss of a loved one is a terrible tragedy. Even more difficult is when your loved one is taken from you by the actions of another. When this occurs, a civil lawsuit for wrongful death may be used to recover compensation. This can assist you in alleviating the financial burden that accompanies the loss of a loved one.

If you are grieving the loss of a loved one a Thibodaux wrongful death and survival action lawyer can help. They understand that they cannot help you grieve the loss of your loved one nor can they lessen the emotional turmoil you and your family are experiencing. However, an established personal injury attorney help you recover financially following your loved one’s death.

What is a Wrongful Death Claim?

Wrongful death is a term of art used in civil law to describe a claim arising when the act(s) or omission(s) of another person cause the death of a person. Most frequently, the underlying legal cause of the death is negligence. Negligence occurs when one party owes another a duty to protect the safety of another and someone is hurt when the party owing the duty fails to perform adequately. Negligence is typically the foundation lawsuits involving car accidents, workplace injuries, industrial accidents, slip and fall accidents, and medical malpractice.

It is important to note that a civil suit for wrongful death is separate and distinct from any criminal charges that may be filed against the person or persons responsible for the death. Even if a criminal conviction does not occur, a wrongful death lawsuit may still be brought and may still succeed.

What Parties Can Seek Compensation for Unjust Loss Claims?

A wrongful death and survival action lawsuit is typically brought by the decedent’s next of kin.

If a person dies due to the fault of another, a lawsuit may be brought by the following persons to recover for all damages for injury to the decedent before death and to recover damages which they sustained as a result of the death:

(1) The surviving spouse and child or children of the deceased, or either the spouse or the child or children.

(2) The surviving father and mother of the deceased, or either of them if he left no spouse or child surviving.

(3) The surviving brothers and sisters of the deceased, or any of them, if he left no spouse, child, or parent surviving.

(4) The surviving grandfathers and grandmothers of the deceased, or any of them, if he left no spouse, child, parent, or sibling surviving.

Louisiana provides a period of one year from the time of the victim’s death to file a wrongful death lawsuit. A lawsuit filed beyond the one-year statute of limitations may result in a dismissal of the suit.

A Thibodaux wrongful death and survival action lawyer can help families understand who can bring a wrongful death claim and what types of damages may be available.

Types of Damages for Wrongful Death and Survival Action

Compensation sought through a wrongful death and survival action lawsuit is not meant to be punitive. That means the money awarded to a plaintiff in a successful wrongful death lawsuit are not meant to punish the defendant for the behavior that led to the death of the victim. Rather, a wrongful death lawsuit is meant to provide compensation for the financial burdens experienced as a result of the victim’s death.

These expenses can include:

  • Emergency services and medical costs that were necessary before the death
  • Costs of after-death arrangements such as funerals and burial expenses
  • Wages or salaries that the victim would have been entitled to receive
  • The value of household services that the decedent provided to the family
  • Non-economic damages such as pain and suffering the decedent may have experienced before their death
  • Non-economic damages experienced by the victim’s loved ones including loss of care, guidance, companionship, and emotional support

Speak with a Thibodaux Wrongful Death and Survival Action Attorney

If you are grieving the untimely loss of a loved one, you may be entitled to recover compensation. A compassionate attorney understands the difficulty of losing a loved one and the financial trouble that can result from the sudden and unexpected loss of a loved one. Contact a Thibodaux wrongful death and survival action lawyer for a consultation to understand your legal rights to financial compensation.