Best Wrongful Death Lawyers in Louisiana

About Wrongful Death Law in Louisiana, United States

A wrongful death in Louisiana occurs when a person dies due to the fault or negligence of another party. This may involve actions such as car accidents, medical malpractice, workplace incidents, or other circumstances where another person or entity’s actions or omissions lead to a fatality. The law recognizes the right of certain family members to seek compensation for the financial and emotional losses they face following their loved one's death. Louisiana has its own specific statutes and procedures for pursuing a wrongful death claim, which are different from those in many other states.

Why You May Need a Lawyer

Wrongful death cases can be emotionally challenging and legally complex. Many people seek legal help in these situations for several reasons:

• To understand their legal rights and determine who can file a claim
• To conduct a thorough investigation and gather evidence
• To negotiate with insurance companies or opposing parties
• To calculate fair compensation for lost income, support, companionship, and expenses
• If the responsible party disputes fault or liability
• If there is more than one person or entity involved in causing the death
• To comply with strict filing deadlines and procedures
• To represent their interests in court if a settlement cannot be reached

A lawyer experienced in Louisiana wrongful death law can guide families through each step, ensuring their case is handled correctly and their rights are protected.

Local Laws Overview

Wrongful death claims in Louisiana are governed by Louisiana Civil Code Article 2315.2. Some key aspects of local law include:

• Who can file: Only certain relatives have the legal right to file a wrongful death claim. This is a hierarchy that begins with a surviving spouse and children, then parents, siblings, and finally grandparents if no closer relations survive.
• Damages: Potential damages can include financial losses (such as lost earnings and medical bills), as well as emotional losses like loss of companionship and grief.
• Statute of limitations: Louisiana law sets a strict one-year deadline from the date of death for filing a wrongful death lawsuit. This is shorter than in many other states.
• Comparative fault: Louisiana follows a comparative fault system, meaning responsibility for the death may be divided among multiple parties, including the deceased if they were partially at fault.
• Civil versus criminal cases: A wrongful death lawsuit is a civil action and is separate from any criminal prosecution that may arise from the death.

Understanding these local rules is crucial for anyone considering a wrongful death claim in Louisiana.

Frequently Asked Questions

What qualifies as a wrongful death in Louisiana?

A wrongful death happens when someone dies due to the wrongful act, negligence, or fault of another person or company. This can include accidents, intentional harms, or defective products.

Who can file a wrongful death lawsuit in Louisiana?

The right to file follows a specific order: the surviving spouse or children first, followed by surviving parents, then siblings, and finally grandparents if no closer relations exist.

What damages can families recover in a wrongful death case?

Families may recover compensation for lost wages, loss of companionship, funeral expenses, medical bills, and, in some cases, pain and suffering experienced by the deceased before death.

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

Louisiana law gives you only one year from the date of death to file a wrongful death claim. Missing this deadline usually means your case cannot be heard.

Does a criminal case affect my wrongful death suit?

A wrongful death lawsuit is independent of any criminal charges. Regardless of criminal prosecution, families can pursue a civil wrongful death claim.

What if the deceased was partly at fault?

Louisiana’s comparative fault system means any damages awarded may be reduced according to the deceased's percentage of responsibility for the incident.

How is compensation distributed among family members?

Compensation is generally divided among the eligible heirs according to their relationship with the deceased, as outlined by Louisiana law.

Can a wrongful death claim be settled out of court?

Yes, many wrongful death claims are settled through negotiations before reaching trial, but always with legal safeguards in place.

What should I do if I think I have a wrongful death claim?

Gather as much information and evidence as possible and consult a Louisiana wrongful death attorney to assess your case and begin the legal process.

How much does it cost to hire a wrongful death lawyer?

Many wrongful death attorneys work on a contingency fee basis, meaning they only receive payment if they recover compensation for you.

Additional Resources

• Louisiana State Bar Association - Provides legal information and resources for finding local attorneys
• Louisiana Civil Justice Center - Offers free legal advice and referrals by phone
• Local Parish Courthouses - For filing wrongful death claims and accessing court documents
• Louisiana Department of Justice - Information on victims' rights and support services
• Grief and bereavement support organizations - For counseling and support for families following a wrongful death

Next Steps

If you believe you have a wrongful death claim, act quickly to preserve your rights. Gather important documents such as the death certificate, accident reports, and any evidence pointing to another party's responsibility. Next, consult with an experienced Louisiana attorney who specializes in wrongful death cases. They can evaluate your case, advise you on your rights, and help you take the appropriate legal action within the required deadline. Do not wait to seek assistance - the sooner you begin, the better your chances of securing justice and compensation for your loss.