Deciding whether or not to take legal action in the event of wrongful death can be challenging. In a wrongful death case, there are a few restrictions regarding what an individual can receive compensation for. Before taking legal action, it is essential for us to know all the ramifications involved in a wrongful death claim.
Filing a Claim for Wrongful Death
When we file a claim for wrongful death, it is to seek justice for our loved ones. While no amount of compensation will ever bring back the life of a friend or family member, the payment received from a wrongful death claim can provide some form of relief.
When a loved one dies in an accident, there’s a variety of expenses that suddenly pop up. From the funeral and the medical bills to the loss in income and benefits – losing a loved one can put a significant amount of financial strain on the deceased’s friends and family. In the case of a wrongful death claim, if negligence was a contributing factor to the death, the court will award compensation to help tackle all of the ensuing financial struggles.
When trying to determine whether or not to award compensation, the court looks at a few factors.
Age and the Deceased’s Original Life Expectancy
The age of the victim in a wrongful death claim can play a large part in determining if there was negligence involved.
Based on the intelligence and health of the victim, the court will use the perceived life expectancy of the deceased to decide how much, if any, compensation is due.
The Descendants’ Capacity to Earn
Determining whether the deceased’s descendants can financially support themselves is a significant factor in whether or not the court will award compensation.
The Descendant’s Current Financial Circumstances
The court will take into consideration the financial circumstances of the deceased’s descendants at the time of his or her death.
Survival Action as Compensation
Some families pursue survival action in addition to pecuniary losses. If the victim experienced suffering or pain before their death, an experienced lawyer would fight for the court to award compensation accordingly.
As we aim to carry on with our lives following the death of a loved one, it is essential to understand the legal rights of the family. Enlist the help of an experienced attorney today to find out how you can get justice for a wrongful death in your family. E. Orum Young Law has over 35 years of experience filing wrongful death cases in Louisiana. Contact us at (318) 450-6453 to schedule a free case review. Our phone lines are open 24/7.
