A wrongful death occurs when a person's death is caused by the negligence or misconduct of another party. In wrongful death cases, certain family members of the deceased may be entitled to monetary damages.

Coping with the loss of a loved one can be one of the most trying times of your life. When your family member’s death was caused by another party’s negligence or wrongdoing, it can make the grieving process even more difficult. In these instances, you may have the right to file a wrongful death lawsuit and receive the closure and financial compensation that you and your family deserve.

To establish that a wrongful death occurred, an attorney must prove that the individual had a duty of care to the deceased, their act or omission breached that duty of care, their wrongful actions were the cause of the injury or death of the decedent, and damages resulted.

Common causes of wrongful death:

Medical Malpractice
Truck and Automobile Accidents
Defective Products
Dangerous Drugs
DWI Accidents
Maritime Accidents
Motorcycle Collisions

Nursing Home Neglect
Fatal Workplace Injuries or Occupational Diseases
Slip and Fall Incidents
Environmental Health Damages
Pedestrian & Cyclist Accidents

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

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Who can file a wrongful death lawsuit?

Although there are multiple people directly affected by the death of a loved one, not everyone can file a wrongful death claim.

The Louisiana Wrongful Death Statute provides a list of certain individuals who can bring wrongful death claims. However, not everyone falling on the list can bring a wrongful death claim 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:

Classes in numerical order based on who has the most priority (descending order):

Spouse and/or children
Parents
Siblings
Grandparents

If a member of a lower numbered class is living, then that member can bring a claim, and none of the members of the higher numbered classes can bring such a claim. For example, if a spouse or child of the deceased is living, he or she can bring a claim, but no parent, sibling, or grandparent can bring a claim.

If there are no surviving family members, there likely can be no wrongful death claim. It is also worth noting that family members by adoption may file a claim, while certain family members may be excluded from filing. You should consult with an attorney to discuss whether you fall under the class of individuals who have the right to bring a wrongful death claim.

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

Louisiana has a very short statute of limitations, or as it’s called in Louisiana, “prescriptive period,” for wrongful death claims. Generally, you have one year from the date of the death of your loved one to bring a lawsuit. Having an attorney review your case can help you understand the wrongful death claim process. 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?

Some of the damages/losses that you can seek payment for under your wrongful death claim include:

Loss of services
Loss of society
Loss of support

Loss wages and benefits
Mental anguish
Funeral and burial expenses

Loss of support
Loss of services
Loss of love and affection
Loss wages and benefits
Loss of society
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.

Contact our office today to learn more about your legal options

Contact our Covington Louisiana Wrongful Death Attorneys Today

While no amount of financial payment can ever compensate for the loss of a loved one, being financially secure in your future and the comfort of holding responsible parties accountable can provide a sense of closure for the family.

At Marchand Law Firm, our attorneys understand the hardships a family can experience after a wrongful death and are dedicated to seeking fair compensation for these individuals.

To learn more about your legal options following an unexpected death, contact us today.

Contact our office today to learn more about your legal options