The legal definition of wrongful death is the civil action of charging another with being liable for the death of another due to negligence or failure to act. In a wrongful death case, your legal team must prove that the negligence of another party is to blame for the death of another.
In most cases, the suddenness of the loss of a loved one and resulting confusion can lead to a feeling of powerlessness and futility by the surviving spouse and family members.
If you or a loved one has suffered from the wrongful death of a loved one, the victim may be entitled to compensation for their suffering. At the law offices of Simien & Simien, our experienced Louisiana wrongful death attorneys can help you determine if you may be eligible to make a claim and help to fight for your MAXIMUM compensation amount.
For a no-cost, no-obligation evaluation of your potential claim, call our legal team today at (800) 374-8422 or fill out the ‘FREE CASE REVIEW’ form to your right – it’s completely confidential.
We offer 100% free consultations and we only get paid when we win.
Causes of Wrongful Death
In Louisiana more than 650 fatal crashes were reported in 2012 and of these fatal collisions approximately 40% were alcohol related. The wrongful death of a loved one may be attributed to many things, including car accidents caused by negligent or careless drivers.
Some further common causes of wrongful death include:
- Medical Malpractice
- Truck and Automobile Accidents
- Defective Products
- Dangerous Drugs
- Maritime Accidents
- Motorcycle Collisions
- Fatal Workplace Injuries or Occupational Diseases
- Slip and Fall Incidents
- Environmental Health Damages
- Pedestrian & Cyclist Accidents
The Louisiana Workforce Commission notes that more than 30 work-related deaths were reported in 2011. Furthermore, in 2009 fatal workplace accidents peaked, as they were the cause of 80 deaths in Louisiana. Although workers’ compensation benefits are meant to assist loved ones with their losses, those benefits are very limited and don't really address the harm caused by third parties.
Who Can Make a Wrongful Death Claim?
Under Louisiana Civil Code Article 2315.1, the surviving relatives have one year to bring forth a claim relating to a wrongful death occurring in Louisiana.
The right to bring this claim as well as the claim for injuries sustained by a deceased person prior to their death may be brought only by the following exclusive classes of beneficiary (including by adoption):
- The surviving spouse and child or children of the deceased, or either the spouse or the child or children.
- The surviving father and mother of the deceased, or either of them if he left no spouse or child surviving. However, a father or mother who has abandoned the deceased during his minority is deemed not to have survived him.
- The surviving brothers and sisters of the deceased, or any of them, if he left no spouse, child, or parent surviving.
- The surviving grandfathers and grandmothers of the deceased, or any of them, if he left no spouse, child, parent, or sibling surviving.
- The deceased's succession representative in the absence of any of the above class of beneficiary.
If your family members have suffered due to the wrongful death of loved one, the attorneys at Simien & Simien recognize the emotional trauma involved in a wrongful death claim. We provide assistance to families suffering from the wrongful death of a loved one with practical and legal information regarding the various aspects of personal injury law and the handling of a wrongful death claim.
How is Wrongful Death Determined?
In a wrongful death case, the most important aspect of the case is proving that the party responsible for the death acted negligently or failed to act properly under the circumstances. Furthermore, proof of compensatory damages must also be shown. For example, if a spouse in a two-income household passes away, the incident will affect the entire household’s income.
Due to the many causes of wrongful death, a claim may be made against multiple parties, as in some cases more than one person may be held accountable. Some examples include:
- Defective Drug Manufacturers
- The Designer or Manufacturer of a Defective Product
- Medical Personnel (Surgeons, Nurses, Anesthesiologists)
- An Establishment That Served Alcohol to a Minor or Intoxicated Driver
- A Reckless Driver
In some cases, rather than negligence, it may need to be proven that the individual or party acted intentionally, knowing that their actions would cause the death of another.
Wrongful Death Compensation
Although compensatory damages are the most common type of compensation a person may seek after the death of a loved one, there are many other types of damages they may make a claim for.
Some other types of compensation they may wish to file for include:
- Pain and Suffering
- Burial Expenses
- Medical Expenditures
- Loss of Consortium
- Loss of Future Earnings
For certain damages, such as loss of future earnings, an expert may be brought forward to assist in proving the amount of earnings the individual may have earned over their lifetime.
Contact our Louisiana and Texas Wrongful Death Attorneys Today
The loss of a family member due to an accident or injury causes great pain and turmoil as well as unimaginable financial and other losses within a family. Needless to say, it is important that the lawyer representing such victims has experience in litigating serious injury and catastrophic injury cases, and is familiar with other stresses and losses associated with such claims.
Our Baton Rouge based personal injury law firm has attorneys that are licensed in both Louisiana and Texas to provide person injury services in those states. The firm, with appropriate local counsel, also provides representation in other states as well. Some of the places in which our firm has represented clients in Louisiana and Texas include:
- Baton Rouge
- Lake Charles
- New Orleans
- Port Allen
... and all other areas throughout Louisiana.
.... and all other areas throughout East Texas.
We can properly investigate and handle your wrongful death case using our vast experience and resources available. Contact Simien & Simien, LLC today at (800) 374-8422 to speak with one of our knowledgeable lawyers. Our intake staff members will quickly connect you with one of our lawyers best suited in handling your claim.
If you would prefer to contact us online, fill out the ‘FREE CASE REVIEW’ form at the top right hand corner of this page – it’s 100% FREE to submit.