The unexpected loss of a loved one is an unimaginable burden to bear, especially when it results from someone else's negligence or wrongdoing. During this difficult time, you may feel overwhelmed with grief while also facing the daunting task of ensuring justice is served. Pursuing a wrongful death claim can help hold the responsible parties accountable and secure financial compensation for your family's future. Our dedicated wrongful death attorneys at Scott | Vicknair Law are here to guide you through this challenging process with compassion and expertise.
What is a Wrongful Death?
A wrongful death claim arises when a person dies due to the legal fault of another person or entity. While no monetary award can ever replace the loss of a loved one, pursuing a wrongful death claim can provide much-needed financial support and a sense of justice. To successfully pursue a claim, you must prove that the death was caused by negligence, recklessness, or intentional harm. Our experienced attorneys will work tirelessly to gather evidence, interview witnesses, and build a strong case on your behalf.
What Are Common Causes of Wrongful Death?
Wrongful death can occur in a variety of circumstances, each requiring a thorough understanding of the law and meticulous attention to detail. Our team has successfully handled cases involving:
Motor vehicle accidents, including car, truck, and motorcycle collisions
Medical malpractice, such as misdiagnosis, surgical errors, or medication mistakes
Workplace accidents, especially in construction or industrial settings
Defective products that lead to fatal injuries
Premises liability incidents, like slip and falls or inadequate security
Who is Eligible to File a Wrongful Death Case in Louisiana?
In Louisiana, the eligibility to file a wrongful death lawsuit follows a specific hierarchy:
- Surviving Spouse and Children: The surviving spouse and child or children of the deceased are the primary parties eligible to file. If there is only a spouse or only children, either party can proceed with the case individually.
- Parents: If there is no surviving spouse or child, the deceased’s surviving father and mother, or either of them, may file the lawsuit.
- Siblings: In the absence of a surviving spouse, child, or parent, the deceased’s surviving brothers and sisters, or any of them, become eligible to file.
- Grandparents: If there are no surviving spouse, child, parent, or sibling, the surviving grandfathers and grandmothers, or any of them, can file the wrongful death claim.
These rules ensure that the closest relatives have the opportunity to seek justice for their loved one.
How Long Do I Have to File a Wrongful Death Case?
Timely legal action is crucial. In Louisiana, the statute of limitations for filing a wrongful death claim is typically two years from the date of death. This means it is imperative to act quickly to ensure that your right to pursue compensation is preserved. Our attorneys understand the urgency of these matters and will move promptly to begin investigating your case, preserving crucial evidence, and filing necessary legal documents.
What damages can I recover in a wrongful death lawsuit in Louisiana?
In Louisiana, damages recoverable in a wrongful death lawsuit include:
Economic Damages: These cover tangible monetary losses such as funerary costs, medical bills, loss of benefits (like medical coverage or retirement funds), loss of future income, and loss of inheritance.
Non-Economic Damages: These address intangible losses, including pain and suffering, emotional anguish, loss of companionship, loss of enjoyment of life, and loss of consortium.
Punitive Damages: In cases of gross negligence, punitive damages may be awarded to punish the responsible party.
Other factors can also significantly influence the value of a wrongful death settlement or award. These include:
Decedent's Age, Health, and Life Expectancy: The age, overall health, and expected lifespan of the deceased at the time of their death can impact the settlement value.
Circumstances of Death: How and under what circumstances the death occurred, as well as identifying who is responsible, are critical factors.
Children's Ages and Support Needs: The ages of the deceased's children and the number of years they would have received financial support are considered.
Loss of Guidance: The type and extent of guidance and support lost by family members are evaluated.
Insurance Availability: The relevant insurance coverage available can influence the settlement amount.
Our experienced attorneys are essential in analyzing these factors to negotiate for maximum compensation. If the case proceeds to trial, the judge or jury will determine the final damages.
How Can a Lawyer Assist Me with a Wrongful Death Claim?
A lawyer can provide invaluable assistance in a wrongful death claim, especially as families navigate the complexities of legal proceedings while dealing with grief. Here's how a wrongful death attorney can help:
- Initial Consultation: We offer a free consultation to discuss the circumstances of the death, identify responsible parties, and answer any legal questions you may have.
- Claim Assessment: With our extensive experience, our attorneys can evaluate whether you have a viable legal claim and provide accurate information about your case's potential.
- Investigation: Our attorneys begin investigations promptly to prevent the loss of crucial evidence, ensuring a strong foundation for your claim.
- Evidence Gathering: Our legal teams work diligently to gather and preserve essential evidence such as medical records, witness statements, and accident reports. In some cases, we may involve experts to reconstruct the accident.
- Claim Management and Administration: Our legal team handles all legal paperwork, manages the claim process, tracks deadlines, and files necessary petitions to protect your rights.
- Negotiation: We negotiate with insurance companies to secure fair compensation, offering tailored advice on whether to accept settlement offers without compromising the case's full value.
- Legal Representation: Throughout the process, our lawyers provide comprehensive legal support and represent you in court, presenting strong arguments to the judge or jury if the case goes to trial.
Having an experienced wrongful death attorney ensures that your case is managed effectively, allowing you to focus on healing while we handle the legal intricacies.
Our Commitment to Supporting You
Navigating the legal system during a time of grief can be overwhelming, but you don't have to face it alone. Our attorneys are dedicated to providing compassionate support and clear communication throughout the entire process. We will explain your rights, keep you informed, and fight vigorously to achieve the best possible outcome for your family.
The Scott | Vicknair Law, Estate and Probate team is committed to ensuring that justice is served and that your family's financial future is secured. We have the experience and resources necessary to take on even the most complex wrongful death cases. Contact us today to discuss your situation and learn how we can help you through this difficult time. Let our expertise guide you toward a resolution that honors your loved one's memory.
