Alexandria Wrongful Death Lawyers
Honoring Your Lost Loved One
When you lose a loved one to a violent accident or the negligent mistake of another person, the grief you feel can be overwhelming. It might become difficult to do most anything in your day-to-day life. Pursuing a legal claim against the party that fatally harmed your loved one can feel downright impossible because there is just so much to do.
Rather than stressing yourself out by attempting to work on a legal case by yourself, come to Morris & Dewett Injury Lawyers in Alexandria. We can manage all parts of your wrongful death claim for you, so you can feel free to grieve as you need. You are going through so much already, it would be our honor to help shoulder some of your burdens by managing your case. We will fight like we lost a loved one, which means we don’t back down just because a case gets tough.
What is a Wrongful Death?
Louisiana law regarding wrongful death is fairly straightforward. Louisiana Civil Code Section 2315.2 states that a death caused by the “fault of another” can be categorized as wrongful death. For example, if someone causes a fatal car accident or a doctor’s mistake in the surgery room causes a fatal complication, then a wrongful death has happened. Another way to see it is as such: If the deceased person had not passed away and could have filed a personal injury claim, then their loved ones can file a wrongful death claim because they did not.
Some common examples of wrongful death cases include:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Medical mistakes
- Slip and fall accidents
- Defective products
- Premises liability accidents
Proving Fault in a Wrongful Death Lawsuit
Proving fault in a wrongful death lawsuit in Louisiana requires careful gathering of evidence and adherence to specific legal principles. To establish a successful claim, several key elements must be demonstrated.
- Duty of Care: First, the plaintiff must show that the defendant owed a duty of care to the deceased. This could be a duty arising from a professional relationship, such as a doctor-patient connection, or a duty based on general obligations, such as the responsibility to operate a motor vehicle safely.
- Breach of Duty: Secondly, the plaintiff must prove that the defendant breached this duty of care. This involves demonstrating that the defendant's actions or inactions fell short of the expected standard of conduct.
- Causation: Next, a direct link must be established between the defendant's breach of duty and the death of the individual. This causation element requires presenting evidence that the defendant's actions directly contributed to or caused the fatal incident.
- Damages: Lastly, the plaintiff must demonstrate the damages suffered as a result of the wrongful death. This may include economic losses, such as medical expenses and lost financial support, as well as non-economic losses like pain and suffering.
Proving fault in a wrongful death lawsuit can be complex, requiring the expertise of experienced attorneys who understand the nuances of Louisiana law. Our Alexandria wrongful death lawyers can help you navigate the legal intricacies and build a strong case.
Who Can File a Wrongful Death Claim?
People who can file a wrongful death claim in Louisiana include the deceased person’s:
- Spouse and adult children
The order of this list is intentional. The right to file a wrongful death claim first belongs to the spouse of the deceased and any adult children. If no spouse or child can file a claim, then the right is passed onto their parents, and then their siblings, and, finally, their grandparents. If there is no family member available to file the claim, then a court can appoint someone as the executor of the deceased’s estate, who will then be able to sue on behalf of the estate.
What Damages are Available in a Wrongful Death Claim?
When someone passes away in an untimely and preventable way, it can cause significant financial harm to their family. Of course, it will also cause serious emotional harm and distress that can weigh upon the family for years. The damages available through a wrongful death claim are meant to pay the claimants for both economic and non-economic harm.
In an average wrongful death claim in Louisiana, the claimants can demand money for:
- Cost of the deceased’s final medical care.
- Income and benefits the deceased would have earned in life.
- Value of day-to-day and household care often provided by the deceased.
- Funeral and burial costs.
- Emotional suffering experienced by the claimants.
- Loss of companionship experienced by the claimants.
How Much is a Wrongful Death Case Worth?
Determining the monetary value of a wrongful death case is a complex process that depends on various factors unique to each situation. In addition to calculating economic and non-economic damages, the court will consider factors such as:
The deceased person's age, earning capacity, and life expectancy.
The financial and emotional impact on the surviving family members, including loss of financial support, companionship, and guidance.
Final medical expenses, funeral costs, and pain and suffering endured by the deceased before their passing.
The specific circumstances surrounding the case, such as the defendant's liability and available insurance coverage, also play a significant role. Consulting with an experienced lawyer who specializes in wrongful death cases is crucial in assessing the potential value of a claim. Our attorneys can provide a more accurate estimation based on the unique details of the case.
We Offer Moral Support During Tough Times
Louisiana has a short one-year statute of limitations for wrongful death claims. When you’re grieving, the weeks and months can seem to fly by. Don’t lose the option to seek compensation and justice from the party or parties that caused so much harm to your family by failing to take action.
Pick up the phone and dial (888) 492-5532 today. Our Alexandria wrongful death attorneys are standing by to help you start your claim before the one-year statute of limitations expires. We are careful to approach your case with sensitivity, too, because we know that rushing you will only add stress that you don’t need.
For legal help and moral support, contact us today.