Losing a loved one is something many Louisiana residents never get over, especially if it is due to an unexpected event caused by someone else’s negligence.
As you struggle to cope with your loss, you may be thinking about what legal options are available to you. A wrongful death lawsuit can help hold the negligent party responsible, while providing you compensation for your losses.
Economic and non-economic damages
Compensation can be for economic damages, such as funeral expenses, medical bills or lost wages. You could also receive non-economic damages for things like pain and suffering or mental and emotional distress.
One of your main questions is likely to be how much you can expect to recover in compensation. There is no definite answer to this question, as the amount of compensation depends on the specific facts and circumstances of each case.
Factors considered in wrongful death lawsuits
However, there are several factors that courts examine when determining an amount of compensation, particularly for non-economic losses. Some of these factors include:
- The age and health of the deceased
- The income and earning capacity of the deceased
- The age of the deceased’s survivors
Economic losses such as funeral and medical expenses are generally easier to calculate since you can provide evidence in the form of bills or receipts. Non-economic damages are usually harder to calculate.
The loss of certain benefits is a factor that can be considered when determining the amount for lost wages. For example, you may have been on your loved one’s health insurance plan and must be required to find and pay for your own insurance.
Your loved one’s suffering
Another factor considered is how much your loved one suffered. Proving evidence that they experienced a high amount of pain and suffering before their death could result in higher compensation.