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Losing a loved one is never easy, and opening a wrongful death case is not going to bring them back. What it can do is provide some peace of mind by allowing you to recover compensation from the responsible party or parties. Navigating the Louisiana wrongful death claim process can be overwhelming, especially as you’re dealing with your recent loss. It’s wise to hire a Louisiana wrongful death lawyer to help you understand your options for recovery.
Even so, you must have a working knowledge of Louisiana wrongful death laws for yourself. That way, you can be sure you’re making informed decisions about your claim throughout the process.
Wrongful Death Cases in Louisiana
Preventable injuries are the third-leading cause of death across the United States. It’s estimated that more than 5,000 people in Louisiana alone die annually as a result of unintentional injuries.
Many situations can lead to the death of a loved one. In recent years, the leading causes of fatal injury in Louisiana were poisoning, motor vehicle accidents, homicide, suicide, and falls. Only certain types of incidents constitute grounds for filing a wrongful death claim.
It’s important to understand Louisiana’s wrongful death laws, so you know when and how to hold another party accountable for your injuries. Our Louisiana personal injury lawyers at the Knightshead Law Firm have worked on claims involving:
- Medical malpractice
- Motor vehicle accidents
- Premises liability
- Product liability
- Workplace accidents
The nature of the accident can affect how you go about filing a claim to recover damages. It’s wise to have a Louisiana wrongful death lawyer on your side to help you collect evidence and file your claims. They can use their knowledge of Louisiana wrongful death laws to help you secure a fair settlement for the loss of a loved one.
Filing a Wrongful Death Claim in Louisiana
If you’re planning to file a wrongful death claim in Louisiana, you typically must do so within one year of the victim’s death. Survival actions may have slightly different statutes of limitations, but they’re often filed alongside wrongful death claims in the same action for convenience. Recoverable damages through these actions in Louisiana include:
- Emotional distress
- Loss of companionship/consortium
- Loss of inheritance
- Lost income and benefits
- Medical expenses
- Pain and suffering
- Rehabilitation costs
- The victim’s pain and suffering before death
The amount and type of damages you can recover are going to depend on the details of your case and the strength of the evidence you can provide to prove it. A Louisiana wrongful death attorney can help you gather everything you need to present a strong case.
FAQs
Who Can File a Wrongful Death Claim in Louisiana?
Who can file a wrongful death claim in Louisiana ultimately depends on who survives the deceased victim. Louisiana follows a strict order of priority for who can file wrongful death claims, starting with the victim’s spouse and children.
After that, the victim’s parents, then siblings, then grandparents, and extended family have the right to file the claim. If there are no eligible individuals to file the claim, the representative of the victim’s estate can file the claim instead.
Are Damages Capped in Wrongful Death Cases in Louisiana?
Damages can be capped in wrongful death cases in Louisiana, but these limits are typically only in place for specific types of claims. For example, there is a $500,000 cap on damages for medical malpractice claims in Louisiana.
Claims filed against government entities are also capped. Most other wrongful death claims as a result of negligence, intentional wrongdoing, or strict liability do not impose a cap on damages, allowing claimants to cover the full extent of their losses.
What Damages Can I Recover From a Wrongful Death Claim in Louisiana?
The damages you can recover from a wrongful death claim in Louisiana can vary from case to case, depending on the scope of the losses and other details about the case. Claimants can recover economic and non-economic damages through a wrongful death case.
These cases in Louisiana can involve filing a wrongful death claim and a survival action. Through these actions, you can recover damages for your losses as well as the losses suffered by the victim before they died.
What Is the Difference Between a Survival Action and a Wrongful Death Claim in Louisiana?
The difference between a survival action and a wrongful death claim in Louisiana lies in the types of damages you can recover. These actions also have different statutes of limitations. Wrongful death claims allow surviving family members to recover damages based on their own losses.
Survival actions basically take the place of the personal injury claim the victim would have filed if they hadn’t succumbed to their injuries. Claimants can recover damages on behalf of the victim’s pain and suffering.
Hire a Wrongful Death Lawyer in Louisiana to Learn More About Your Recovery Options
While you can file a wrongful death claim on your own, it’s highly recommended that you reach out to a Louisiana personal injury lawyer. With a knowledgeable wrongful death attorney on your side, you can rest assured you’re filing everything properly and building the strongest possible claim.
Our mission at the Knightshead Law Firm is to defend our clients’ rights and secure their futures. We understand Louisiana’s wrongful death laws and have over 15 years of experience navigating complex cases like yours. We understand that nothing can truly make up for your loss, but we’re also committed to helping you hold the right parties accountable, so you can begin healing as much as possible.
Led by Attorney Tedrick Knightshead, our local law firm is dedicated to making people whole again after these unimaginable losses. You can count on us to provide comprehensive legal counsel and aggressive advocacy.
Come and see us at our office in Baton Rouge if you want to learn more about how we can help with your case. You can find us on Government Street, not too far from the I-10 and I-110 interchange. Call to set up a consultation with a trusted attorney today.
