Losing someone you love is a tragic and incredibly difficult experience. When a death is the result of another person’s negligence, the grief is compounded and even harder to move on from. For family members of the deceased, there are legal options that can help you recover compensation for your losses or your loved one’s losses after a death. Below, our Baton Rouge personal injury lawyer outlines the options that may be available.
Filing a Wrongful Death Claim
Wrongful death claims are often the first course of action for families after losing someone due to negligence. Wrongful death claims are civil actions that can be filed by certain family members of the deceased. These include surviving spouses and children, parents, siblings, and grandparents.
Wrongful death claims are meant to compensate family members for the losses they incurred as a result of the accident. These include:
- Funeral and burial expenses
- Loss of future earnings loved ones were dependent on
- Loss of benefits
- Pain and suffering
- Emotional distress
- Loss of companionship
- Loss of consortium
In some cases, punitive damages may also be available. These damages are to punish grossly negligent behavior and so, they are rarely awarded. However, if the negligent party’s behavior was egregious, such as driving while drunk, punitive damages may be available.
Survival Actions
If your loved one suffered injuries and other losses before losing their life, you may be able to file a survival action. For example, your loved one may have been involved in a car crash and suffered serious injuries. They may not have succumbed to their injuries until one week later. A survival action can help you recover the medical expenses, lost income, and other losses you incurred before passing away. Damages from survival actions are distributed to the estate.
Criminal Charges
Criminal charges are separate from civil actions such as wrongful death lawsuits. However, if the death was the result of a crime such as assault, criminal charges may also apply. Criminal charges do not necessarily impact the outcome of a civil lawsuit. Still, a guilty verdict can strengthen and help prove a civil action but this is not required.
Workers’ Compensation
If your loved one was involved in a workplace accident that caused their death, you may be able to file a workers’ compensation claim for death benefits. These benefits can help certain loved ones claim compensation for reasonable funeral expenses, dependency benefits based on family size, and some medical expenses leading up to the death. These benefits are meant to help cover lost earnings and end-of-life costs.
Insurance Claims
If your loved one had a life insurance policy, the insurer is required to pay the proceeds of the policy to the beneficiary promptly. Like other insurers, life insurance companies are not eager to pay these claims, as they want to protect their profits. If you are going to file a claim for life insurance, it is important to speak to an attorney who can prepare you for dealing with the insurer and speak to them on your behalf.
Government Claims
If your loved one passed away due to the negligence of a government employee or entity, you may be able to file a claim against the government. For example, a structural issue on a staircase in a government building may have caused a serious slip and fall accident that resulted in death.
Claims against the government are unlike other wrongful death claims. There are very specific procedures, rules, and deadlines that are not involved in other civil actions. These can make filing a claim against the government even more challenging than other wrongful death cases.
Government entities also sometimes have sovereign immunity, meaning they are protected from lawsuits and other legal action, making these cases even more frustrating. It is critical to speak to an attorney who can advise on whether you have a valid claim and who has the necessary experience filing these types of claims.
Our Personal Injury Lawyer in Baton Rouge Can Advise You of Your Options
After losing someone you love, you may have many options for claiming compensation for the losses you have sustained. At Big River Trial Attorneys, our Baton Rouge personal injury lawyer can advise on which ones are applicable in your case and guide you through the process so you obtain the full and fair compensation you and your family are entitled to. Call us now at (225) 963-9638 or fill out our online form to schedule a consultation and to learn more about how we can help.
