Losing a family member is one of the most traumatic experiences you may ever go through. Your loved one meant so much to you, and now they’re gone. That’s a significant loss, and it can affect not only your mental and emotional health, but also your finances.
Worse, they might not have passed away in a complete accident. Instead, someone may have been careless with their safety, leading to their passing. That’s not fair for you o your family, so it’s important to get justice.
A wrongful death attorney in Baton Rouge can make a difference, but it’s important to understand your options as a family member before you file anything as well. You’ll need to know what your family can do before you begin.
Who Can File?
When someone dies, determining who can file a claim is often tricky. The person who was actually injured and who would normally be the person to file has passed away. Because of this, determining who is responsible can be tough, since every state has different rules on who’s allowed to file.
If you’re a Louisiana resident, it’s important to understand who’s responsible for filing before you begin. If you don’t, it can be tough to get justice for your family. Fortunately, Louisiana allows many family members to take this responsibility. This duty first falls to the surviving spouse or children, but if there are none, it falls to the surviving parents, siblings, or grandparents.
Damages for Grieving Families
Once you’ve found the eligible person to file, you’ll need to find what losses you may sue for. These damages are funds awarded to help you cover your losses. Typically, these cover both the financial losses you’ve suffered as well as the mental and emotional suffering you’ve experienced.
If you’ve lost a loved one, you may be entitled to some or all the following damages:
- Funeral and burial costs
- Property damage
- Medical expenses
- Pain and suffering of the deceased
- Loss of care and companionship
Time Limits for Your Claim
While you’ll have a chance to seek the compensation you need, keep in mind that you won’t have long to do so. Your claim will have a statute of limitations, or time limit, that determines how long you’ll have to file. If you don’t file on time, you could lose your chance to file.
In Louisiana, that time is only one year. That means, if one of your family members doesn’t file a claim within a year of the fatal accident, you’ll be unable to receive compensation for your losses.
That means many Baton Rouge families don’t get the justice they deserve. Instead, they’re left seeking out help for severe losses without the help and guidance they need to recover.
Seek Justice After a Wrongful Death
If you’re struggling in the wake of a personal loss like this, you may need help getting justice for your claim. Sadly, many families don’t receive the real justice they deserve for their damages, even if the other person was responsible for a loved one’s death.
That’s why we stress focusing on your legal options as soon as possible. You deserve help for your losses, so reach out for help if you’re afraid that your family isn’t getting the real justice that you and your loved ones deserve.