Wrongful Death Attorney in Louisiana
Losing a family member unexpectedly can feel overwhelming, and many people have questions about what legal steps can be taken when a loss is caused by someone else’s careless or harmful behavior. Financial burdens may follow, as well as emotional distress that never quite fades.
When these tragedies occur, a wrongful death claim may help hold responsible parties accountable and provide some measure of justice.
At Allen V. Davis & Associates, located in Gonzales, Louisiana, we offer legal help for those who have lost loved ones through wrongful death. We serve clients in Baton Rouge, Livingston Parish, St. James Parish, and Jefferson Parish.
The Basics of Wrongful Death
Wrongful death occurs when a person’s death is caused by another party’s careless, reckless, or intentional actions. State laws set out who can bring a claim, how it’s filed, and what must be proved.
Typically, a surviving family member has the right to initiate the process. The case involves showing that the defendant owed a duty of care to the deceased, that the duty was breached, and that this breach caused the death.
The law in Louisiana, much like other states, allows certain beneficiaries to seek compensation that can help cover medical bills, funeral costs, and lost financial support. Understanding these fundamentals is key to determining whether you have a valid claim.
If the facts of the case show that another party was responsible, it may be possible to pursue legal relief in the form of wrongful death lawsuits. This helps surviving family members address the financial burdens left behind.
Wrongful Death Lawsuits
Although the state may bring criminal charges if there was a crime involved, a wrongful death suit focuses on the financial and emotional toll on the victim’s family. The standard of proof is different than in criminal cases, and the resolution often comes in the form of a financial payment rather than imprisonment or state fines.
These lawsuits serve an important purpose beyond just financial recovery. They provide an avenue for accountability.
By filing a claim, family members publicly recognize that the death was preventable. This recognition can influence people and businesses to act more carefully in the future. While money can’t bring back a loved one, it can help families manage the practical hardships that follow a preventable death.
Below, we’ll go into more detail on some common causes of wrongful death.
Common Causes of Wrongful Death
Wrongful death claims arise from many different situations, sometimes involving individuals, other times involving companies or organizations. The following causes can clarify why such claims are filed and how they attempt to hold parties accountable.
Motor vehicle accidents: These may occur due to drunk driving, distracted driving, speeding, or failure to follow traffic laws, leading to fatal injuries.
Medical malpractice: This involves a healthcare provider’s negligence, such as a misdiagnosis, surgical error, or improper medication that results in a patient’s death.
Workplace accidents: Unsafe work conditions, inadequate safety equipment, or a failure to follow industry standards can cause fatal injuries on the job.
Defective products: Faulty automotive parts, dangerous medications, or poorly designed consumer goods can lead to catastrophic incidents that cause death.
Premises liability cases: Slippery floors, inadequate security, or structural failures on a property can cause fatal accidents if property owners don’t correct known hazards.
These causes often have a common thread: a party failed to meet a duty of care, and that failure led to a tragic loss. Identifying and proving the breach of duty is crucial in building a compelling wrongful death claim.
Who Can File a Wrongful Death Claim
Wrongful death claims are often filed by those closest to the deceased, although who qualifies can vary depending on state law. Generally, priority is given to the surviving spouse or children. If the deceased didn’t have a spouse or children, their parents or siblings may file, depending on Louisiana’s rules.
Establishing who can file is an important first step in the process. Sometimes, multiple family members may feel they have a right to file. Understanding the legal priority can help prevent conflicts and allow the claim to move forward more smoothly. The goal is to speak with someone who understands these issues and can clarify who holds the right to file.
Now, let’s take a closer look at the wrongful death claim filing process.
The Legal Process for Wrongful Death Claims
Once you’ve determined that you have the right to file a wrongful death claim, the next step involves working through the legal process. Although every case is different, many claims follow a similar path. These four steps include:
Initial investigation: Gathering documents and evidence is essential. This may involve medical records, accident reports, and witness statements that help verify what happened.
Filing the claim: After the investigation, the lawsuit is filed in the appropriate court. This outlines why the defendant is liable, what damages are sought, and other key information.
Discovery: Both sides exchange documents, take depositions, and gather details to support their positions. This is the stage where information is built up and refined.
Negotiation or trial: Some cases settle before trial if both parties reach an agreement. If not, the case proceeds to trial, where a judge or jury decides whether liability and damages should be awarded.
The legal process may feel complicated, but breaking it down can help make it more manageable. Proper preparation and a thorough understanding of the relevant law increase the chances that the case is presented effectively.
Next, let’s discuss some common types of damages in wrongful death cases.
Damages in Wrongful Death Cases
Damages in wrongful death claims vary, depending on the facts of the case and the extent of the family’s losses. Certain categories of damages are commonly pursued, giving families a means of addressing both economic and non-economic harm.
Medical expenses: These may include hospital bills, ambulance fees, and treatment costs incurred before the victim passed away.
Funeral and burial costs: The expenses related to laying a loved one to rest often weigh heavily on grieving families.
Lost financial support: If the deceased was a primary breadwinner, the family may have lost future earnings, benefits, and other financial contributions.
Loss of companionship: Families suffer emotional harm when they lose a partner, parent, or child. Courts may award compensation to acknowledge this loss.
Pain and suffering of the deceased: In some situations, the deceased person’s pain and suffering before death can be included, providing compensation for the victim’s final moments.
These categories reflect an attempt to address both the tangible and intangible losses that survivors experience. While money can’t erase the tragedy, it can help stabilize the family’s future and reduce the financial strain they face.
After considering the types of damages that may apply in your situation, you can begin building a wrongful death claim with the help of a qualified lawyer.
Building a Wrongful Death Claim
Collecting credible evidence, speaking with witnesses, and having professional guidance can help strengthen the case.
Medical professionals might explain how a medical professional’s mistake caused the death. Accident reconstruction specialists can show how a car crash occurred. Each piece of evidence contributes to showing that the defendant’s actions or omissions caused a preventable death.
Louisiana has statutes that limit how long a family has to file a wrongful death claim. Missing these time limits can mean losing the right to pursue compensation. Speaking with our firm quickly can verify that time-sensitive steps are taken promptly. Moreover, it allows the lawyer to interview witnesses and gather evidence before memories fade or records become hard to find.
Our firm can also help you determine the best course of action when interacting with insurance companies.
Dealing With Insurance Companies
Wrongful death cases may involve insurance companies. A medical malpractice case might trigger a hospital’s liability insurance; a car accident might involve an auto insurer. While insurance adjusters might appear sympathetic, their primary interest often involves minimizing payouts.
Families should approach discussions with caution. Making statements that are later taken out of context can harm the case. Working closely with our firm can help keep the communication on track, making sure that rights are protected and that no unintended admissions are made.
The Importance of Professional Guidance
Filing a wrongful death claim can feel challenging. Having a lawyer who understands wrongful death law and how courts view these claims can be a significant benefit. They can review evidence, identify responsible parties, and present a cohesive narrative that shows how another’s misconduct caused an irreparable loss.
Our lawyer can also help work through settlement offers. Sometimes, a settlement is proposed that might look appealing at first glance but doesn’t fully address the family’s losses.
With professional guidance, survivors can make informed decisions about whether to accept or continue with litigation. This approach allows families to focus on their emotional healing while their lawyer handles the legal details.