What Kinds of Damages Can I Recover in a Wrongful Death Claim?July 6th, 2017
Undergoing any kind of medical procedure poses certain risks, but healthcare providers have an obligation to mitigate these risks by providing a certain standard of care. If they fail to provide reasonable care and their patient dies as a result, the deceased’s family has the right to sue the liable party or parties pursuant to Article 2315.2
Although no amount of compensation will ease the grief of losing your loved one, a fair settlement will allow you to continue providing for your family and help you maintain your financial security following the unexpected loss.
If you lost a loved one due to negligent medical care, contact The Bowling Christiansen Law Firm. David A. Bowling can assess the circumstances of your loved one’s death to determine if you may be entitled to compensation. Call (504) 586-5200 to schedule a consultation with a New Orleans wrongful death attorney.
What Kinds of Damages Can I Recover in a Wrongful Death Claim?
According to the Louisiana Law Review, Article 2315 does not specify what kinds of damages an individual can recover in a wrongful death claim. Thus, the court has interpreted that to mean there are no limitations regarding the types of damages you can include when calculating a fair settlement. In general, Louisiana courts recognize compensation for the following in cases involving wrongful death:
Loss of support;
Loss of society; and
Pain and suffering.
Other possible damages that you may incur in the unanticipated death of a loved one include funeral and burial expenses, medical bills, lost wages and benefits, and loss of inheritance.
Who Can File a Wrongful Death Claim in Louisiana?
In the state of Louisiana, certain surviving family members have precedence when it comes to filing a wrongful death claim. That means other family members cannot file a claim unless they are the next in line and there are no surviving beneficiaries ahead of them. The order of precedence is as follows:
The surviving spouse or children of the deceased;
The surviving parents of the deceased;
The surviving siblings of the deceased; and, finally,
The surviving grandparents of the deceased.
How Long Do I Have to File a Wrongful Death Claim?
The statute of limitations for filing a wrongful death claim in Louisiana is typically one year. That means you have 12 months from the date of your loved one’s death to file a claim.
If your loved one died after experiencing complications during a medical procedure and you believe negligent healthcare providers are to blame, a wrongful death attorney from The Bowling Christiansen Law Firm can evaluate your case to determine if you have grounds for a claim. Call (504) 586-5200 to schedule a consultation with a New Orleans medical malpractice lawyer. You can learn more about medical malpractice laws in Louisiana by visiting the USAttorneys website