What is Considered a Wrongful Death in Louisiana?

What is considered a wrongful death in Louisiana? A wrongful death happens when negligence, misconduct, or an intentional act causes a person’s death. Premature death caused by someone else’s negligence is emotionally devastating for family and friends.

No amount of money can replace what is lost when a wrongful death occurs, but it can help to ease the burden financially. A compassionate New Orleans wrongful death lawyer can help you recover the maximum damages possible while you and your family grieve and work to navigate life without your loved one.

What Qualifies as a Wrongful Death

While anyone’s death is tragic, to be considered a wrongful death in Louisiana, someone’s passing must meet particular criteria. This can include:

• Fault of another party
• Negligence
• Recklessness
• Intentional acts

If someone dies as a result of someone else’s actions, whether intentional or unintentional, you may have a case for a wrongful death claim. Speaking with a qualified attorney can help you determine whether your situation qualifies as wrongful death.

Common Examples of Wrongful Death Cases in Louisiana

The term “wrongful death” covers a variety of different scenarios. These can vary from preventable accidents to negligence to intentional homicide. Understanding which situations may fall under the wrongful death category is a pivotal step in filing your claim.

Car or Truck Accidents Caused by Drunk, Distracted, or Reckless Drivers

Traffic fatalities are among the leading causes of death in the US. From drivers utilizing the multitude of technology in their vehicles to driving intoxicated, vehicle fatalities are a major source of wrongful death claims.

Medical Malpractice Resulting in Preventable Death

Negligence in the medical field is becoming increasingly common. According to data from the National Practitioner Database (NPDB), Louisiana has the highest rate of medical malpractice suits.

Workplace Accidents or Industrial Injuries

Some industries are more dangerous than others. Transportation-related professions, such as long-haul trucking, construction, and chemical plants, are particularly hazardous.

A New Orleans chemical plant fatal accident lawyer understands the complexities of industrial tragedies and can help seek justice for your loved one.

Dangerous or Defective Products

Defective products can range from vehicles to baby items to food. If an item is manufactured and is found to be the cause of someone’s death, this can be considered wrongful death in Louisiana, and you may have a strong case.

Criminal Acts that Result in Death

Even if there is a criminal trial, you still may be entitled to compensation for a wrongful death. A criminal case is between the government and the defendant, and although this may result in fines, to see any financial payout, a civil case would be required as well.

A Criminal Case is Not the Same as a Wrongful Death Lawsuit

Even if a criminal case finds the defendant guilty, the family may not receive compensation. Civil wrongful death claims are separate. A criminal charge is designed to punish the guilty party, whereas a wrongful death lawsuit is to ensure that the family of the deceased is taken care of financially.

Different charges can be brought. For example, the liable party may be charged with manslaughter, which is a lesser punishment than murder. Manslaughter generally applies to cases where the death was due to recklessness and lacks premeditation, while murder implies that it was premeditated and intentional. Homicide is an umbrella term that encompasses all killings.

Evidence from a criminal trial can be helpful when building a civil case. Showing that a jury has convicted someone or that they have taken a plea deal shows that the liable party has been found guilty either by choice or through the courts in what would be considered wrongful death, further proving that they owe damages to the family.

You May Be Entitled to Compensation for Your Emotional and Financial Losses

After suddenly losing a family member, you may be hit with unexpected financial burdens. A lawyer can work with you to determine what sorts of compensation you may be entitled to. Common items include:

• Funeral costs
• Medical bills
• Loss of income
• Loss of companionship
• Emotional distress

After losing a loved one, financial situations change, especially if your family is reliant on that income.  Funeral and memorial expenses can also be very costly. Speaking with a qualified attorney is a good first step in recovering the damages you are entitled to.

Who Can File a Wrongful Death Suit in Louisiana, and How Long Do They Have

In Louisiana, the statute of limitations to file a claim after a wrongful death is two years from the date of the incident. After the two-year time period is up, you can no longer file a case. This is one of the many reasons why time is of the essence when it comes to filing a wrongful death suit.

During this time, it is important to determine who is eligible to file the claim. These rules, along with the statute of limitations, are set out in Louisiana state law under CC 2315.2. The surviving spouse and/or children are the first in line to file a wrongful death lawsuit.

If the deceased has no spouse or children, their parents may file, and if there are no surviving parents, then a sibling can file. The final parties that would be able to file are the grandparents, given that none of the above-listed family members are living.

Find an Attorney Who Understands Your Grief

Losing a loved one is never easy, especially if it is due to the negligence of someone else. At Scott Vicknair Injury Lawyers, our team understands how difficult this time is, which is why we are so passionate about bringing your family justice.

While you are grieving, you should not have to worry about finances. This is why we work on contingency and have no fees unless we win. You’ve lost enough, so we will fight to win and work to ensure your family is taken care of during this time.