Did You Lose a Loved One Due To Wrongful Death?

A loved one’s wrongful death has a devastating effect on a family, both emotionally and financially. While nothing can bring your loved one back, the Russell Law Firm can hold the responsible party accountable and bring justice to family members under the applicable Louisiana laws.

Call Russell Law Firm today to seek justice if you’ve lost a loved one: (225) 307-0088

Wrongful death claims of this type allow certain family members to seek financial compensation for the losses they sustained due to the loss of another family member due to someone else’s negligence.

How does a wrongful death claim work?

Claims for compensation when someone has died due to the negligence or actions of another 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 party might face are in addition to the death claim and are litigated separately.

Who can file a wrongful death lawsuit?

Although there are multiple people directly affected by the passing of a loved one, not just anyone can file a claim. The Louisiana Wrongful Death Statute provides a list of certain individuals who can bring claims.

However, not everyone on the list can bring these claims at the same time. The list prioritizes classes of individuals who can bring a claim, beginning with the lower numbered class and moving to the higher-numbered class (top to bottom), as follows:

In order based on who has the most priority:

  • Spouses or Children
  • Parents
  • Siblings
  • Grandparents
  • Representatives of decedent’s estate

How long do you have to file a wrongful death lawsuit?

Louisiana has a very short statute of limitations, or as we call it in Louisiana, “prescriptive period.”

Generally, you have one year from the date of the death of your loved one to bring a lawsuit. Having a Baton Rouge wrongful death attorney review your case can help you understand the timeline of the claim process and approximately how long the process will take.

Building a viable case takes time, and that is why it is recommended that you speak with an attorney as soon as you are able.

What types of damages are available through a claim?

  • Loss of Support
  • Loss of Services
  • Loss of Love and Affection
  • Loss of Wages and Benefits
  • Mental Anguish
  • Funeral and Burial Expenses

For certain damages, such as loss of future wages, an expert, such as an economist, may be brought forward to assist in proving the amount of earnings the individual may have earned over their lifetime.

Common causes of wrongful death:

  • Truck Accidents
  • Automobile Accidents
  • Medical Malpractice
  • Defective Products
  • Dangerous Drugs
  • DWI Accidents
  • Maritime Accidents
  • Motorcycle Collisions
  • Nursing Home Neglect
  • Fatal Workplace Injuries
  • Occupational Diseases
  • Slip and Fall Incidents
  • Environmental Health Damages
  • Pedestrian & Cyclist Accidents

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