Auto Accident & Wrongful Death Attorney – Russell Law Firm

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Auto Accident & Wrongful Death Attorney

russell law firm baton rouge la

Danny Russell is a Baton Rouge car accident & wrongful death attorney, representing injured clients involved in car accidents throughout the State of Louisiana, including the parishes of East Baton Rouge Parish, West Baton Rouge Parish, Plaquemines Parish, Livingston Parish, Ascension Parish, Jefferson Parish, Orleans Parish, St. Charles Parish, Terrebonne Parish, Assumption Parish, Lafayette Parish, Lafourche Parish, Lafayette Parish, St. Landry Parish, Evangeline Parish; and the cities of Baton Rouge, Livingston, Denham Springs, Walker, Gonzales, Donaldsonville, Port Allen, Brusly, Addis, Lafayette, Napoleonville,    Kenner, Harvey, Marrero, Estelle, Gretna, Metairie, New Orleans, Terrytown, Westwego, Ville Platte, Eunice, Opelousas, Thibodaux, Houma, Belle Chasse, and Hahnville.

Our firm is experienced and highly skilled in handling car accident & wrongful death claims. If you or someone you know has a car accident & wrongful death claim in Baton Rouge or anywhere else in Louisiana, make the RIGHT CALL, RIGHT NOW and contact Louisiana car accident & wrongful death attorneys at the Russell Law Firm today at 225-307-0088. We will take a hands-on, aggressive approach towards getting you compensated for your losses.

**Information furnished herein is only general and not a substitute for personalized legal advice.

By:      Danny Russell, Baton Rouge area personal injury attorney, licensed in Louisiana.

****THE VIDEO ABOVE IS NOT A DEPICTION OF ANY ACTUAL EVENT OR SCENE, BUT MERELY A DRAMATIZATION. 

10 Most Deadly Parishes: Fatal Car Accidents

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10 Most Deadly Parishes: Fatal Car Accidents

According to the data collected by the Highway Safety Research Group from the LA State Police, LA Department of Transportation, and other LA state agencies, the top 10 parishes with the most fatal car accidents over the past 3 years, are as follows:

Top 10 Deadly Parishes – Fatal Car Accidents Over the Last Three Years:

  1. East Baton Rouge – 16
  2. Orleans – 14
  3. Tammany – 14
  4. Calcasieu – 14
  5. Tangipahoa – 14
  6. Jefferson – 12
  7. Lafayette – 9
  8. Webster – 8
  9. Caddo – 7
  10. Acadia – 6

Most Common Causes of Fatal Car Accidents in Louisiana

According to national statistics released by the Insurance Industry Association and the National Highway Traffic Safety Administration, the following are the most common causes of fatal car accidents in Louisiana:

  1. Failure to operate with required equipment, such as seat belts;
  2. Excessive drinking; and
  3. Excessive speed.

Louisiana vs. Other States: Fatal Car Accidents

Fatal car accidents are occurring throughout the United States, but they appear to be occurring more often in Louisiana as compared to other states. Louisiana ranks #4 in the nation for fatalities caused by careless or reckless driving. We also rank #4 for car accident deaths due to speeding and have one of the highest rates of fatalities due to impaired driving by alcohol. Those are national rankings that Louisiana is undoubtedly not proud of.

The Russell Law Firm represents clients in wrongful death cases due to fatal car accidents throughout the State of Louisiana, including the parishes of East Baton Rouge Parish, West Baton Rouge Parish, Plaquemines Parish, Livingston Parish, Ascension Parish, Jefferson Parish, Orleans Parish, St. Charles Parish, Terrebonne Parish, Assumption Parish, Lafayette Parish, Lafourche Parish, Lafayette Parish, St. Landry Parish, Evangeline Parish; and the cities of Baton Rouge, Livingston, Denham Springs, Walker, Gonzales, Donaldsonville, Port Allen, Brusly, Addis, Lafayette, Napoleonville,    Kenner, Harvey, Marrero, Estelle, Gretna, Metairie, New Orleans, Terrytown, Westwego, Ville Platte, Eunice, Opelousas, Thibodaux, Houma, Belle Chasse, and Hahnville.

Our firm is experienced and highly skilled in fatal car accident cases. If you have lost a loved due to a car accident, contact a Louisiana fatal car accident attorney at the Russell Law Firm today at 225-307-0088. We will take a hand on and aggressive approach towards getting you compensated for your losses.

Information furnished herein is only general and not a substitute for personalized legal advice.

By:      Danny Russell, Baton Rouge area personal injury attorney, licensed in Louisiana.

Compensation For Wrongful Death Claims

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Compensation For Wrongful Death Claims

Wrongful death claims allow certain individuals to seek financial compensation for the losses they’ve sustained from the death of a loved one, as a result of another person’s negligence (“accident”), recklessness, or intentional conduct such as in a car wreck, trucking accident with an 18-wheeler, offshore accident, or any other incident.

Louisiana law places a value on the guidance, love, and support provided by a loved one to you during his or her lifetime and contemplates the potential losses that could result if that loved one is no longer there to provide those things to you. The wrongful death statute intends to provide compensation for those losses, under the following categories of damages.

SPECIAL DAMAGES

  1. Loss of Wages – compensation for past and future loss of income that the decedent was providing to the household, calculated from the (1) date of death to the date of trial (past losses), and (2) from the date of trial through the duration of the decedent’s work-life expectancy (future losses).
  2. Loss of Support – compensation for the past and future loss of monetary support that was being provided to you, calculated from the (1) date of death to the date of trial (past losses), and (2) from the date of trial through the duration of the decedent’s work-life expectancy (future losses).
    1. Examples: a parent’s support for a child’s food, clothing, tuition, shelter, & etc.; and a spouse’s support to the other spouse for rent, utilities, mortgage, & etc.
  3. Loss of Services – compensation for the value of services that your spouse provided to the household prior to death, that you have to pay someone else to perform now.
  4. Funeral Services – funeral bills paid or being paid for your loved one’s funeral.
  5. Medical Bills – medical bills incurred for any medical treatment provided to the deceased.
  6. Hospital Bills – hospital bills incurred if the deceased was taken to the hospital.

GENERAL DAMAGES

  1. Loss of Love, Affection, and Companionship – compensation for the loss of love, affection, and companionship you sustained. The closeness of the relationship that existed between you and the deceased is a primary consideration when determining a proper award to you.
  2. Grief & Anguish – compensation for your grief and anguish from your loved one’s death. The closeness of the relationship that existed between you and the deceased, is a primary consideration here as well, when determining a proper award to you.
  3. Mental Pain, Suffering, and Distress – compensation for mental pain, suffering, and distress, IF you meet ALL of the following criteria:
    1. You are the spouse, child, or grandchild of the deceased;
    2. You viewed the event that cause the injury and death of your loved one or arrived at the scene of the event soon thereafter;
    3. The harm to your loved one was severe enough to reasonably expect that someone observing as you did, would suffer serious mental distress; and
    4. Your emotional distress must have been “severe, debilitating, and foreseeable.

Cost of Living

Courts understand that the purchasing power of the dollar changes over time, so when granting awards, they constantly increase the awards by the rate of inflation.

Class of Beneficiaries

As mentioned in our previous article, you must fall under one of the proper “classes of beneficiaries” in order to bring a wrongful death claim in Louisiana. If you are unsure if you fall under one of those classes, I strongly advise that you immediately contact an attorney experienced in wrongful death lawsuits in Louisiana or click on https://dannyrusselllaw.com/can-file-wrongful-death-lawsuit/ to read our article entitled, “Who can file a wrongful death lawsuit?”

If you have recently lost a loved one due to someone else’s negligence or wrongdoing and you are a qualifying survivor of the wrongful death victim, you may be eligible to file a wrongful death claim. Call an experienced attorney in wrongful death lawsuits to discuss what compensation applies to you and how to receive that compensation.

The Russell Law Firm represents clients in wrongful death cases throughout the State of Louisiana, including the parishes of East Baton Rouge Parish, West Baton Rouge Parish, Plaquemines Parish, Livingston Parish, Ascension Parish, Jefferson Parish, Orleans Parish, St. Charles Parish, Terrebonne Parish, Assumption Parish, Lafayette Parish, Lafourche Parish, Lafayette Parish, St. Landry Parish, Evangeline Parish; and the cities of Baton Rouge, Livingston, Denham Springs, Walker, Gonzales, Donaldsonville, Port Allen, Brusly, Addis, Lafayette, Napoleonville, Kenner, Harvey, Marrero, Estelle, Gretna, Metairie, New Orleans, Terrytown, Westwego, Ville Platte, Eunice, Opelousas, Thibodaux, Houma, Belle Chasse, and Hahnville.

Danny Russell is an experienced and skilled attorney in wrongful death cases. If you have suffered the death of a loved one, call the Russell Law Firm at 225-307-0088 or visit our website at https://dannyrusselllaw.com/. Mr. Russell will take a hands-on and aggressive approach towards compensating you for your losses. The Russell Law Firm offers free, no obligation, initial consultations.

Information furnished herein is only general and not a substitute for personalized legal advice.

By: Danny D. Russell

 

Who Can File a Wrongful Death Lawsuit?

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What is a Wrongful Death Claim?

As previously discussed, Wrongful death claims allow certain family members to seek financial compensation for the losses they have sustained due to the death of another family member as a result of an accident due to the negligence, recklessness, or intentional conduct of another person, such as in a car wreck, trucking accident with an 18 wheeler, offshore accident, or any other incident.

Louisiana law places a value on the guidance, love, and support that a loved one provides to others during his or her lifetime. As such, it understands that the untimely death of that loved one can cause his or her family members to suffer losses. The Louisiana wrongful death statute intends to compensate family members for those losses.

Wrongful death claims are litigated in “civil” court – not to be confused with “criminal” charges that are litigated in criminal court. If the responsible party committed a crime in the process of killing your loved one, such as in a drunk driving accident, any criminal charges that he or she might face are in addition to the wrongful death claim and are litigated separately.

Who can file a Wrongful Death Lawsuit?

Although there are multiple people directly affected by the death of a loved one, not just anyone can file a wrongful death lawsuit. The Louisiana Wrongful Death Statute provides a list of certain individuals who can bring wrongful death claims. However, not everyone falling on the list can bring one at the same time. The list prioritizes classes of individuals having that right, beginning with the lower numbered class and moving to the higher numbered class (top to bottom), as follows:

  • Spouse and Children: The surviving spouse and child or children of the deceased, or either the spouse or the child or children.
  • Parents: The surviving father and mother of the deceased, or either of them if he left no spouse or child surviving.
  • Siblings: The surviving brothers and sisters of the deceased, or any of them, if he left no spouse, child, or parent surviving.
  • Grandparents: The surviving grandfathers and grandmothers of the deceased, or any of them, if he left no spouse, child, parent, or sibling surviving.
  • Representative of the Decedent’s Estate.

If a member of a lower numbered class is living, then that member can bring a claim, but none of the members of the higher numbered classes can do so. For example, if any spouse and/or child or children of the deceased is living, both or either of those individuals can bring a claim, but no parent, sibling, or grandparent can do so because they fall under a class with less priority than the child and spouse.

If there are no surviving family members, and no one has been named to represent or manage the decedent’s estate, there can be no wrongful death claim. It is also worth noting that adopted and illegitimate family members may file a claim, while certain family members may be excluded from filing. You should consult with an attorney to discuss whether you fall under the class of individuals who have the right to bring a wrongful death claim.

If you have recently lost a loved one because of someone else’s negligence or wrongdoing and are a qualifying survivor of the wrongful death victim, you may be eligible to compensation.

The Russell Law Firm represents clients in wrongful death cases throughout the State of Louisiana, including the parishes of East Baton Rouge Parish, West Baton Rouge Parish, Plaquemines Parish, Livingston Parish, Ascension Parish, Jefferson Parish, Orleans Parish, St. Charles Parish, Terrebonne Parish, Assumption Parish, Lafayette Parish, Lafourche Parish, Lafayette Parish, St. Landry Parish, Evangeline Parish; and the cities of Baton Rouge, Livingston, Denham Springs, Walker, Gonzales, Donaldsonville, Port Allen, Brusly, Addis, Lafayette, Napoleonville, Kenner, Harvey, Marrero, Estelle, Gretna, Metairie, New Orleans, Terrytown, Westwego, Ville Platte, Eunice, Opelousas, Thibodaux, Houma, Belle Chasse, and Hahnville.

Our firm is experienced and highly skilled in handling wrongful death cases. If you have suffered the death of a loved one, contact the Russell Law Firm. We will take a hands on and aggressive approach at compensating you for your losses.

Information furnished herein is only general and not a substitute for personalized legal advice
****The photograph above is not a depiction of any actual event or scene, but merely a dramatization. 

Wrongful Death of a Family Member: Lawsuit Deadline

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A wrongful death claim in Louisiana compensates certain individuals for the losses they sustain, resulting from the death of a family member that was caused by another person’s fault. The person causing the death may be a human being or an entity, like a corporation.

The wrongful death claim covers all types of wrongful conduct. In other words, whether a family member was killed by someone else’s negligence (accident), recklessness, or intentional conduct, the wrongful death claim applies.

However, a wrongful death lawsuit must be filed against the person(s) responsible for the death, within the time allowed by law. In Louisiana, such a lawsuit must be filed within one (1) year from the date of the family member’s death.** If the lawsuit is not filed within that time period, the claimant can lose his or her rights to compensation forever.  

**There may be exceptions to the to one year time limitation to bring a wrongful death lawsuit. If you believe you have a wrongful death claim, immediately contact an attorney to review your case. He or she can help you understand the timeline for bringing a wrongful death claim and approximately how long the process will take. Building a viable case takes time, and that is why it is recommended that you immediately speak with an attorney.

The Russell Law Firm represents clients in wrongful death cases throughout the State of Louisiana, including the parishes of East Baton Rouge Parish, West Baton Rouge Parish, Plaquemines Parish, Livingston Parish, Ascension Parish, Jefferson Parish, Orleans Parish, St. Charles Parish, Terrebonne Parish, Assumption Parish, Lafayette Parish, Lafourche Parish, Lafayette Parish, St. Landry Parish, Evangeline Parish; and the cities of Baton Rouge, Livingston, Denham Springs, Walker, Gonzales, Donaldsonville, Port Allen, Brusly, Addis, Lafayette, Napoleonville, Kenner, Harvey, Marrero, Estelle, Gretna, Metairie, New Orleans, Terrytown, Westwego, Ville Platte, Eunice, Opelousas, Thibodaux, Houma, Belle Chasse, and Hahnville.

Our firm is experienced and highly skilled in handling wrongful death cases. If you have suffered the death of a loved one, contact the Russell Law Firm. We will take a hands on and aggressive approach at compensating you for your losses.

Information furnished herein is only general and not a substitute for personalized legal advice.