Baton Rouge Wrongful Death Lawyer

Baton Rouge Wrongful Death Attorney

If your family has lost a loved one due to someone else’s negligence or wrongdoing, you may have grounds for a wrongful death lawsuit. Wrongful death claims are meant to help grieving families obtain the financial recovery they need to move forward, and a Baton Rouge wrongful death lawyer can help you achieve just that.

At The Lucky Law Firm, we are here to answer your questions and guide you through this difficult time. Our team has extensive experience in all types of personal injury matters, including wrongful death cases.

Wrongful Death Claims Provide Financial Relief For Grieving Families

For a grieving family, the emotional and financial losses resulting from an untimely death are nearly impossible to describe. Our wrongful death attorneys can help you identify the specific losses your family has endured. Those losses may include the following:

• End-of-life medical expenses
• Funeral expenses
• Financial support the deceased might have provided to the family now and in the future
• Emotional support the deceased might have provided for years to come
• Care and guidance the deceased might have provided
• The profound emotional hurt you and your family have experienced as a result of the death

Who Can File a Wrongful Death Claim in Louisiana?

When a loved one’s life is cut short due to the negligence or misconduct of another, understanding who has the legal right to seek justice can be complex. Everyone wants justice for their loved ones, but to mitigate any arguments or discord during an already emotional and tense time, those permitted to file a wrongful death claim in Louisiana must follow a strict hierarchy.

This ensures that only close family members who have suffered both financially and emotionally are eligible to file a claim, and it’s important to know where you stand before consulting with a lawyer.

Typically, only the following individuals are eligible to pursue a wrongful death claim:

• The deceased person’s spouse and children
• The deceased’s parents, if there is no surviving spouse or children
• The deceased’s siblings, if there are no parents living
• The deceased’s grandparents, if there are no living siblings

It’s important to note that just because the option of a legal claim is available to the relevant parties mentioned above doesn’t mean you can file any time you like. The sooner you file, the better, and the more likely you are to have a successful case. Wrongful death claims must be filed within a specific time frame after the death, and failing to file on time could result in losing the right to seek compensation.

Types of Compensation in a Wrongful Death Case

In a wrongful death case, the damages awarded aim to provide financial relief while also acknowledging the emotional toll on the surviving family members. These damages can be broadly categorized into two types: economic and non-economic.

• Economic Damages. These damages cover financial losses, such as medical bills related to the deceased’s final care, funeral and burial costs, loss of the deceased’s income, and loss of household services the deceased provided.
• Non-Economic Damages. These damages address emotional losses, including the loss of companionship, guidance, and emotional support, as well as compensation for the family’s pain and suffering.

Why Families Choose The Lucky Law Firm, PLC

At The Lucky Law Firm, PLC, we know that no legal action can ever replace the loss of a loved one, but we also know that securing justice and financial stability can be an important part of the healing process. Our firm takes a compassionate and personalized approach to every wrongful death case. We take on cases of wrongful death in varying situations, including:

• Motor Vehicle Accidents – speeding, distracted driving, and drunk driving can end in tragedy.
• Medical Malpractice – surgical errors, misdiagnoses, and medication errors can all lead to fatal outcomes.
• Workplace Accidents – dangerous environments, inadequate training, and defective machinery can all contribute to fatalities.
• Defective Products – vehicles, machinery, and consumer goods can be lethal.
• Intentional Acts – acts of violence and malicious intent can also lead to the death of a loved one.

FAQs

Q: Can a Wrongful Death Claim Be Filed if Criminal Charges Are Also Pursued?

A: Yes. A wrongful death claim can be filed if criminal charges are pursued, as it is a civil matter and can proceed independently, alongside any criminal case. In fact, the burden of proof in a civil claim is lower than in a criminal trial, making it possible to recover damages even if criminal charges do not result in a conviction. Our attorneys can review the particulars of your case and advise you on your next steps.

Q: What Happens if Multiple Eligible Family Members Want to File a Wrongful Death Claim?

A: Though Louisiana follows a hierarchy protocol, which allows only certain family members to file a single wrongful death claim, multiple eligible parties can band together as co-plaintiffs. The court ensures that any awarded damages are fairly distributed according to the relationship and dependency of each claimant. The team at The Lucky Law Firm, PLC, can better advise you after reviewing your case.

Q: Are Punitive Damages Available in Louisiana Wrongful Death Cases?

A: The primary kinds of damages are economic and non-economic damages. Punitive damages refer to additional compensation awarded by the court that’s intended to punish the person responsible for the death for especially reckless or malicious behavior. The hope is to discourage similar behavior in the future. Punitive damages are available in some Louisiana wrongful death cases, and our lawyers can better advise you on your options.

Q: How Long Does a Wrongful Death Case Typically Take to Reach a Resolution?

A: The time frame for a wrongful death case varies based on case complexity, the availability of evidence, and whether the case is settled out of court, through negotiation and a settlement, or if it proceeds to trial. On average, wrongful death cases can typically take several months to a few years to conclude, but we can better estimate the time frame after fully reviewing the particulars of your case.

Contact Us For A Free Consultation

At The Lucky Law Firm, PLC, we understand that no amount of money can replace the life of your loved one. However, we also know that pursuing a wrongful death claim can provide the financial stability you need to move forward and rebuild your life.

Our team of Baton Rouge wrongful death lawyers is just a call or click away, and we’re ready to listen, guide, and advocate for your family during this difficult time.

To schedule a free consultation, please call us in Baton Rouge or New Orleans at 225.387.5656, or complete our contact form. The Lucky Law Firm serves individuals and families throughout Louisiana and southern Mississippi.