Wrongful death and personal injury cases are usually very different when you present them to the court. The biggest difference is that in a personal injury, the victim survives so there may be extensive ongoing expenses. When a death occurs, the family or estate may have recourse, but it may be more limited.
That being said, both wrongful death and personal injury cases are often eligible for compensation when they are caused by recklessness, negligence, or even malice. Working with a personal injury attorney in New Orleans is the best way to understand the options and navigate the process for your situation.
Personal Injury Claims Explained
A personal injury claim comes into play when a person is injured at the fault of another party. These are some examples:
- Traffic accidents, including car, truck, and motorcycle accidents
- Defective or recalled products
- Workplace incidents and industrial accidents
- Slip-and-fall accidents
- Fire-related injuries
There are other causes of personal injury that can be considered as well. Personal injury stems from negligence or recklessness by another party.
In a personal injury claim, the victim could be awarded compensation for costs and suffering. This covers medical bills, lost wages, future lost wages, mental anguish, and pain and suffering. Both economic and non-economic damages are considered.
Wrong Death Claims Explained
In the event of a wrongful death, the deceased victim is unable to make a claim. You must consider that this claim may have been a personal injury case should the person have survived the incident. A wrongful death claim would be filed by surviving family members.
The compensation that may be available could change because it’s a different type of scenario. However, it still takes into consideration many of the common expenses and both economic and non-economic damages like these:
- Funeral and burial costs
- Lost wages, both current and future
- Loss of financial benefits that may have been provided by the deceased
- Loss of consortium or companionship
The law in Louisiana designates specific family members as eligible for wrongful death claims. This is for immediate family and relations who are close by marriage or adoption. A parent who abandoned their child cannot file a wrongful death claim should something happen to that child.
Those who can file a wrongful death suit include surviving spouses and children. If these do not exist, then parents, siblings, or grandparents could also be considered.
Find an Experienced Personal Injury Attorney in New Orleans
Regardless of your situation, if it includes wrongful death or personal injury, you should find an experienced and reliable New Orleans personal injury attorney to help you with your case. The experienced attorneys will know what you need and the best way to ensure you present a case that is likely to rule in your favor to get the compensation you deserve.