Louisiana Wrongful Death Lawyer

Louisiana Wrongful Death Attorney

Losing a loved one is a devastating experience, especially when it happens unexpectedly. Under Louisiana’s wrongful death laws, eligible parties can file against the at-fault party to hold them accountable for their actions and recover compensation for their losses. Navigating the claims process can be a lot to take on in the wake of your loss. You can turn to a Louisiana wrongful death lawyer to help you file your claim and secure the compensation you deserve.

Experienced Wrongful Death Attorneys

Our team at the Knightshead Law Firm is dedicated to helping our clients in Baton Rouge and the surrounding communities get the justice they are rightfully owed. We’re passionate about defending the rights of our clients and securing their futures. You can count on our Louisiana personal injury lawyer to help you through each stage of the claims process, including launching an investigation, determining the extent of damages, negotiating with at-fault parties, and representing you through litigation.

Louisiana Wrongful Death Laws

Injuries are the leading cause of death for Louisianans between the ages of one and 44. It’s estimated that more than 5,000 Louisianans die from an injury every year, with the majority of these fatalities being preventable. The top five causes of fatal injuries in Louisiana in recent years were:

1. Poisonings, including drug-related incidents
2. Motor vehicle crashes
3. Homicides
4. Suicides
5. Falls

Incidents like traffic accidents or slip-and-fall accidents, where another party can be held liable for the victim’s death, are covered under Louisiana personal injury and wrongful death laws. You have one year from the date of the victim’s death to file a wrongful death claim. You can recover damages for your loss. This includes direct costs as well as abstract losses like pain and suffering.

Claimants often file a survival action alongside this claim to recover damages on behalf of the victim’s losses, too. That said, survival actions can have slightly different statutes of limitations, so it’s wise to talk to a Louisiana personal injury lawyer as soon as possible to confirm your recovery options.

Types of Wrongful Death Claims

A wide range of incidents can result in catastrophic injury or death. In Louisiana, you must be able to prove fault through negligence, intentional harm, or strict liability to have grounds to file a wrongful death claim. Our Louisiana wrongful death attorneys have experience handling wrongful death claims as a result of:

• Animal attacks
• Defective products
• Medical malpractice
• Motor vehicle accidents
• Premises liability
• Violent crimes
• Workplace accidents

It’s important to note that wrongful death claims can be filed as a result of incidents that happen in both private and public settings. The key is establishing fault. Most workplace accidents are handled through the employee’s workers’ compensation benefits. That said, some situations call for additional legal action.

FAQs

Who Can File a Wrongful Death Claim in Louisiana?

Who can file a wrongful death claim in Louisiana depends on the deceased victim’s surviving family. Louisiana follows a strict order of priority for who can file on behalf of the decedent, starting with their surviving spouse and children.

After that, the decedent’s parents, then siblings, and then grandparents are able to file. If there are no eligible surviving family members, the representative of the victim’s estate may file instead. It’s wise to hire a wrongful death lawyer to help.

How Do I Prove Fault in a Louisiana Wrongful Death Case?

Proving fault in a Louisiana wrongful death case depends on the details of the case and the evidence available to you. The quicker you start building your case, the more information you can gather to support your claim.

You must prove that the other party caused their death through their negligence or intentional misconduct. Helpful evidence includes footage of the accident, documentation of injuries, professional opinions, receipts for related costs, and the victim’s medical records.

What’s the Difference Between a Wrongful Death Claim and a Survival Action in Louisiana?

The difference between a wrongful death claim and a survival action in Louisiana is ultimately in the types of damages you can recover. Wrongful death claims focus on recovering damages on behalf of the surviving family members’ losses.

Survival actions, on the other hand, allow claimants to secure compensation on behalf of the victim’s suffering prior to their passing. You can typically file both actions under the same claim, and a Louisiana wrongful death attorney can help with both.

What Damages Can I Recover in a Wrongful Death Case in Louisiana?

The damages you can recover in a wrongful death case in Louisiana ultimately depend on the details of the case. By filing a wrongful death claim and survival action, you can recover damages on behalf of your losses and the decedent’s losses.

These include burial and funeral expenses, loss of companionship/consortium, loss of inheritance, lost wages and benefits, medical expenses and rehabilitation costs, and the victim’s pain and suffering before their death.

Hire a Wrongful Death Lawyer in Louisiana to Help With Your Claim

If you’re navigating Louisiana’s wrongful death laws, it’s wise to have a local law firm on your side that has experience with them as well. For over 15 years, the Knightshead Law Firm has been working with Louisianans throughout Baton Rouge and beyond to secure fair compensation after suffering terrible losses.

Our team at the Knightshead Law Firm has been handling personal injury and wrongful death cases in Louisiana for over a decade and a half. We’re familiar with Louisiana wrongful death laws and the claims process in and out of the courtroom. You can count on our attorneys to help you file your claim and support it with key pieces of evidence that help you work toward a fair settlement.

If you’re ready to discuss your case in more detail, reach out to our team to set up an initial appointment today. We can come up with a strategy for recovering the damages you’re owed after learning more about your unique situation. You can find us in the Garden District in Baton Rouge. We’re on Government Street near the I-10 and I-110 interchange.