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Wrongful Death Damages When pursuing a wrongful death case in Louisiana, you may be eligible for the following economic damages: Funerary costs and medical bills resulting from death. Loss of benefits, like medical coverage or retirement funds. Loss of future income.
2315.2. A. If a person dies due to the fault of another, suit may be brought by the following persons to recover damages which they sustained as a result of the death: (1) The surviving spouse and child or children of the deceased, or either the spouse or the child or children.
You do not have to prove wrongful death beyond a reasonable doubt. Instead, you must prove it is at least 51 percent likely the death was wrongful; this burden of proof is called the ?preponderance of the evidence.?
(Note: There's no universal cap on damages in a Louisiana wrongful death lawsuit, but the state's statutory limit on medical malpractice damages would apply to a wrongful death claim stemming from a health care provider's mistake.)
In most cases, the damages are multiplied by a factor from 1 to 5, depending on the severity and duration of the injuries and on the pain and discomfort they caused. For example, if you sustained soft tissue injuries like sprains and whiplash, your special damages may be multiplied by a factor of two.