Did You Lose a Loved One Due To Wrongful Death?

At the Russell Law Firm, LLC, our Baton Rouge wrongful death lawyers protect the rights of our Louisiana clients and their families after their lives have been tragically turned upside down by the loss of their loved ones.

Since 2016, our compassionate wrongful death attorneys in East Baton Rouge Parish have represented family members who have experienced the sudden loss of a loved one because of another person or party’s negligence. We know how difficult it is to lose someone you love under any circumstances. When their lives are taken by negligence, the trauma can be overwhelming.

If you have lost a loved one because of another driver’s negligence, while they were in the care of a nursing home, working in the maritime industry, or in dangerous conditions on public, private, or government property, we want to ensure your story is told, so you can pursue the damages that will allow you to take the time you need to fully grieve with your family.

At the Russell Law Firm, LLC, we want to help as many families as possible. That is why we offer free, no-obligation consultations to all our prospective clients. Contact us today to put our winning team in your corner.

Wrongful Death Attorneys in Baton Rouge

Who is Eligible to File a Wrongful Death Claim in Louisiana?

Wrongful death circumstances leave Louisiana families reeling from the sudden loss of their loved ones. Whether the fatal accident was the result of a drunk driving crash, or an intentional attack, the preventable loss of a loved one affects the entire family.

However, not everyone is eligible to file a wrongful death claim in Louisiana.

The Louisiana Wrongful Death Statute outlines which family members are eligible to pursue a claim, which includes the following individuals, in order:

  • Spouses or Children
  • Parents
  • Siblings
  • Grandparents
  • Representatives of the Decedent’s Estate

If you have lost a loved one to negligence in Louisiana, contact our experienced wrongful death lawyers in Baton Rouge today to discuss your legal rights and options to pursue the negligent party for your full financial recovery. We understand that no amount of money will bring your loved one back, but financial support can help bring justice.

What Types of Damages Can Family Members Pursue During a Wrongful Death Claim in Louisiana?

In Louisiana, eligible family members may seek both economic and non-economic damages during a wrongful death claim.

Economic damages refer to compensation for tangible losses, which may include:

  • Medical Bills Incurred Before Death
  • Funeral and Burial Costs
  • Loss of Future Income
  • Loss of Benefits, including Medical Coverage or Retirement Funds
  • Loss of Inheritance

Non-economic damages refer to compensation for intangible losses, which may include:

  • Loss of Companionship from the Deceased
  • Loss of Consortium
  • Loss of Enjoyment of Life
  • Pain and Suffering and Emotional Anguish

In some extraordinary cases, the courts may award punitive damages, which are designed to punish the grossly negligent person, party, or entity for the loss of your loved one. Our Baton Rouge wrongful death attorneys will outline your case, leaving no detail to chance, so you and your family can pursue the best outcome available for your loss, so you can focus on moving forward.

Trust, Compassion, and Service Translate to Our Commitment to Producing Results

Our lead wrongful death attorney and law firm founder, Danny Russell, has experienced the complete disregard the insurance companies have for families who have lost their loved ones to negligence, and are here to change how our clients are treated by the corporate giants who should be protecting their interests.

We believe our clients and their families deserve to be treated with dignity and respect, no matter where they live or work in Louisiana. That is why we work so hard to pursue real results for real families who need real legal help.

Our Baton Rouge wrongful death lawyers know that losing a loved one to negligence is one of the most difficult circumstances our clients can endure. However, what most of our clients do not expect while they are grieving is that they are going to feel the financial losses that accompany their loved one’s death quicker than they could have imagined.

Funeral and burial expenses can be overwhelming from the start, and the loss of an upcoming paycheck he or she would have provided can place our clients in a significantly challenging financial position. We want to help pursue the liable party for your full financial recovery, so you can focus on rebuilding your lives without the stress and worry that accompanies the physical, emotional, and financial losses you will be forced to work through now and going forward.

The Russell Law Firm, LLC is in Your Corner, and We Fight to Win

If you have lost a loved one in an accident caused by negligence anywhere in Louisiana, contact our dedicated Baton Rouge personal injury attorneys today at (225) 307-0088 or online to get the legal support you need to produce real results for your unique case.

Our skilled Louisiana wrongful death lawyers and support staff are here to help you get your life back, and we will not stop fighting for your right to recover the maximum amount for your unique case until we produce the results you deserve. Call us now to learn more.

Frequently Asked Questions for Our Wrongful Death Attorney in Baton Rouge, Louisiana

In a wrongful death claim in Louisiana, the burden of proof is on the plaintiff (the person bringing the claim) to prove that the defendant’s (the party being sued) wrongful actions or inactions were the cause of the death. The plaintiff must prove their case by a preponderance of the evidence, meaning that the evidence presented must show that it is more likely than not that the defendant’s actions or inactions caused the death.

In Louisiana, the statute of limitations for filing a wrongful death claim is one year from the date of the deceased person’s death. It’s important to note that this is a strict deadline, and if the claim is not filed within the time limit, the right to pursue compensation for the wrongful death may be lost forever. Therefore, it’s recommended to contact a Baton Rouge wrongful death lawyer as soon as possible after the death of a loved one to ensure that your legal rights are protected.

If the deceased did not have any surviving spouse, children, or parents, the right to bring a wrongful death claim in Louisiana will typically pass to the deceased’s siblings. If the deceased had no siblings, then the claim may pass to other relatives, such as grandparents or aunts and uncles. If there are no surviving relatives to bring the claim, the claim may be brought by the deceased’s estate. It is important to consult with an experienced wrongful death lawyer in Louisiana to determine who can bring the claim in this situation.

If there is more than one person who is eligible to file a wrongful death claim in Louisiana, they may be able to file the claim together or separately. If the eligible parties choose to file separately, they may need to coordinate their efforts to ensure that they are not pursuing conflicting claims. It is also possible for the court to consolidate the separate claims into one case.

It is important for the eligible parties to seek the advice of an experienced wrongful death attorney in Louisiana to help them navigate the complex legal process and ensure that their rights are protected.

In Louisiana, if the wrongful death occurred due to medical malpractice, the process for filing a claim is similar to that of a traditional wrongful death claim. However, there are certain procedural requirements that must be followed.

Firstly, a medical review panel must review the case and issue an opinion as to whether the medical care provided was within the appropriate standard of care. This panel consists of three medical professionals who are licensed to practice in the same field as the defendant. Their opinion is not binding but can be used as evidence in court.

After the review panel has issued its opinion, the next step is to file a medical malpractice claim with the court. The statute of limitations for filing a medical malpractice claim in Louisiana is one year from the date of the injury or discovery of the injury, whichever is later.

In a medical malpractice wrongful death claim, damages may include compensation for medical expenses, funeral expenses, lost income, pain and suffering, and loss of companionship. It is important to note that Louisiana has a cap on the amount of damages that can be awarded in medical malpractice cases, which is currently set at $500,000.

Yes, a settlement can be reached in a Louisiana wrongful death case. In fact, many wrongful death cases are settled before they ever reach trial. In a settlement, the parties negotiate an agreement to resolve the case without going to trial. The terms of the settlement are typically kept confidential and may involve a payment of money to the surviving family members.

Opting for a settlement is generally a faster and less expensive alternative to a trial for the resolution of the claims.

Yes, the amount of damages awarded in a Louisiana wrongful death claim can be appealed. If the amount of damages awarded is considered excessive or inadequate by either party, they may file an appeal to have the decision reviewed by the pertinent Louisiana Court of Appeals. It’s important to note, however, that there are strict time limits for filing an appeal, so it’s crucial to consult with an experienced wrongful death attorney as soon as possible to determine your options.

A survival action in Louisiana is a legal claim that is brought by the deceased’s family member(s) and/or succession representative, to pursue legal action for damages that the deceased person could have claimed if they had survived their injuries. In other words, a survival action enables the qualified claimant to recover damages for the deceased person’s pain and suffering, medical expenses, lost wages, and other losses they experienced from the time of their accident through their death.

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