Losing a loved one before their time is a tragic experience to endure, especially if their death was the fault of another. Sometimes the criminal justice system fails to establish guilt “beyond a reasonable doubt” and the person responsible for your loss walks free. However, the surviving family members of a murder victim or manslaughter victim can pursue civil charges on behalf of their deceased loved one with the help of a New Orleans wrongful death law firm.
What Is The Difference Between Wrongful Death and Homicide?
These claims differ from the criminal homicide lawsuits which are filed by the state prosecutors. A wrongful death lawsuit is not a criminal prosecution but a civil case. The lawsuit could be against the perpetrator, or against the business where the crime occurred. If the business could have prevented the death of your loved one, then they could be made to pay damages. Either way, the burden of proof to establish fault in civil cases is much lighter.
If your loved one died as a result of the violence and negligence of others, your family deserves justice. Here at Bloom Legal in New Orleans, our experienced and compassionate wrongful death law firm will tirelessly fight for the compensation you and your loved ones deserve.
Compensation Awarded for Wrongful Death Lawsuits
As we stated before, sometimes the responsible party isn’t convicted in criminal court because the burden of proof for murder charges is so high. However, in civil cases like wrongful death, the defendant’s fault for the crime only needs to be shown “by a preponderance of the evidence“. This means that the plaintiff only needs to prove that the defendant’s culpability in the homicide is more likely than not.
A wrongful death lawsuit doesn’t seek criminal punishment, but rather financial relief in the form of awarding “damages”. These awards can help your family cover the medical, funeral, and burial expenses for your loved one. They can also reimburse your household for the loss of financial support or income and the value of services that the deceased provided to the household (chores, cleaning, yardwork, etc.).
The emotional damages that you cannot put a price tag on are called noneconomic losses. Although we at Bloom Legal understand that no amount of money can replace the love and affection of a family member, you can include compensation for the loss of companionship and care in your claim in the state of Louisiana. Your family deserves as much compensation as is available to be claimed.
Consult a Wrongful Death Attorney Before the Louisiana Statute of Limitations Runs Out
The emotional toll of losing a loved one is strenuous, don’t allow the financial strain of your loss to weigh you down as well. In the state of Louisiana, the family of a victim must file a lawsuit within a year of their loved one’s death if they are going to file at all. Regardless of whether or not the criminal court found the perpetrator guilty, the civil court might find the perpetrator or the premises culpable in the crime.
We know how difficult personal loss can be. If you lost a loved one as the result of a crime, call Bloom Legal’s caring and professional wrongful death attorneys in New Orleans at 504-599-9997 for a free consultation.
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Posted By: Zachary Klos