Wrongful Death Claims Handled With Respect, Dignity and Aggressive Pursuit of Justice
No matter the cause of a wrongful death, the impact on surviving loved ones can be devastating. When you lose a loved one, it is felt by everyone who knew and loved the deceased person. However, life must continue without the companionship, emotional and financial support of their loved one. This feeling can be overwhelming.
Although a lawsuit may not be the first thing on survivors’ minds after the loss of a loved one, it is important to preserve the evidence, get witness statements, and to make sure that whatever wrong occurred, all evidence can be preserved. A Baton Rouge wrongful death lawyer can help ease the financial burden that is often left behind. If your loved one’s death was caused by the negligent or intentional acts of another, you deserve justice.
Who Can File A Wrongful Death Lawsuit?
Louisiana law allows immediate family members to seek compensation after the wrongful death of a loved one that was caused by a negligent or intentional act of another. Many wrongful death claims are initiated by or on behalf of the spouse, children, adopted children and other family members of the deceased. These are the people with whom the right to pursue a wrongful death lawsuit lie.
If you are unsure if you are entitled to file a suit, contact us today. We offer free, no obligation consultations, and we will discuss your particular circumstances and determine if you have a case.
Time is limited for filing a wrongful death suit. If you do not act within this limited timeframe, you will lose the opportunity to pursue compensation.
The Louisiana Wrongful Death Statute reads as follows:
“Art. 2315.2. Wrongful death action
A. If a person dies due to the fault of another, a 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.
(2) The surviving father and mother of the deceased, or either of them if he left no spouse or child surviving.
(3) The surviving brothers and sisters of the deceased, or any of them, if he left no spouse, child or parent surviving.
(4) The surviving grandfathers and grandmothers of the deceased, or any of them, if he left no spouse, child, parent, or sibling surviving.
B. The right of action granted by this Article prescribes one year from the death of the deceased.
C. The right of action granted under this Article is heritable, but the inheritance of it neither interrupts nor prolongs the prescriptive period defined in this Article.
D. As used in this Article, the words “child”, “brother”, “sister”, “father”, “mother”, “grandfather”, and “grandmother” include a child, brother, sister, father, mother, grandfather, and grandmother by adoption, respectively.
E. For purposes of this Article, a father or mother who has abandoned the deceased during his minority is deemed not to have survived him.
Acts 1986, No. 211, §2; Acts 1997, No. 1317, §1, eff. July 15, 1997.
Recovering Compensation for Wrongful Death
No amount of compensation can bring back a lost loved one. However, recovering damages after such a loss can help ease the financial burden of funeral expenses, lost wages and more. It can also help others, by potentially fixing a situation under which the wrongful death occurred. This can give survivors the peace of mind knowing that a wrongful death was not only vindicated but not in vain.
The amount of financial compensation that can be awarded is unique in every case, some of the most common forms of recoverable damages include:
- Compensation for the lost income the deceased would have provided
- Medical bills, funeral expenses, burial charges and other costs associated with a death
- Lost benefits such as insurance and retirement
- Pain and suffering
- Mental anguish suffered by surviving family members
- A loss of emotional support
- Loss of companionship
- Loss of care, protection, and guidance a child or spouse would have received from the deceased
In cases in which alcohol and a motor vehicle led to a wrongful death, punitive damages may be awarded. These damages are a form of punishment for the defendant and a way to discourage others from engaging in similar behavior. Maritime and Admiralty wrongful death claims and On the Job wrongful death claims are also handled by the injuredGo.com Personal Injury Law Firm.
injuredGo.com Personal Injury Law Firm knows and understands the hardships that result from the wrongful death of a loved one. We will fight until we secure fair compensation for all of your recoverable losses of your loved one.
Key Considerations To Prove a Wrongful Death Claim
Recovering damages for a wrongful death requires a skilled attorney with experience building a robust case that demonstrates another’s negligence or deliberate actions caused the untimely death of a loved one.
We will ensure that your case demonstrates the four essential elements of negligence required for a successful wrongful death case:
- An individual had a duty of reasonable care to the deceased
- The person breached that standard of care
- Their wrongful actions were a direct cause of death
- Damages resulted from that action
No matter what caused the death of your loved one, we provide personalized attention to every case and ensure that no stone is left unturned when gathering evidence in your case. Some of the most common causes of a wrongful death can include:
At injuredGo.com Personal Injury Law Firm, Baton Rouge Attorney Ed Kramer has handled all sorts of wrongful death claims. He is dedicated to upholding the rights of the injured, including those who have lost a loved one to wrongful death. He will fight to ensure that a fair and just verdict or settlement is attained for your case.