It’s never easy losing a loved one, especially when it happens in a fatal commercial trucking accident. This can create an almost unbearable situation for the survivors, especially if the victim was the family’s main income earner.
Contending with the grief can be bad enough, but worrying about how you’ll support your family just makes things that much more difficult.
There are ways to make things easier, however. By working with a Baton Rouge truck accident wrongful death lawyer from Spencer Calahan Injury Lawyers, you can hold the negligent trucker responsible.
Filing a personal injury claim to recover wrongful death damages will allow your family to grieve in peace, knowing that your future financial security is assured and that some measure of justice was attained.
Understanding Wrongful Death in Louisiana
A wrongful death occurs when an innocent person is killed due to the negligence or misconduct of another. This includes situations where a trucker’s reckless driving or a trucking company’s dangerous business practices were to blame.
In the state of Louisiana, there are certain laws you should be aware of regarding seeking compensation for a fatal 18-wheeler accident.
When to File a Wrongful Death Claim
In Louisiana, you have one year from the date of the fatal truck accident to file. This is a very short amount of time compared to most other states, so it’s important that you act quickly.
If your loved one received medical care and died from his or her injuries later, the one-year liberative prescription will still apply.
Who’s Allowed to File for Wrongful Death in Louisiana?
Louisiana state law only allows certain people to file a wrongful death claim and in a certain order of priority:
Spouse and children of the deceased
Mother and father of the deceased
Siblings of the deceased
Grandparents of the deceased
In the above list, the first group receives priority when pursuing a wrongful death claim. If the deceased had no survivors that belong to that category, the next group receives priority and so on.
If you aren’t sure if you’ll be allowed to file, our firm can help you determine if the state will recognize your right to sue for damages on behalf of your lost family member.
Compensation in Wrongful Death Claims
In a wrongful death claim, there are certain damages that you and your family can demand from the party responsible for the fatal semi-truck crash:
Medical bills and treatment incurred while trying to save your loved one’s life
Lost wages of the deceased, estimated to retirement age
Pain and suffering of the deceased
Funeral and burial expenses
Compensation for the family’s pain and suffering and lost guidance and companionship
Contact a Baton Rouge Fatal Truck Accident Attorney
When you’ve lost a loved one in a fatal 18-wheeler wreck, you want to make sure that your family’s financial security is secured so that you can focus on grieving. While the insurance company may offer you a settlement, it will likely be less than you deserve.