If you have lost a loved one in an accident in the Baton Rouge, LA, area, we extend our sincerest condolences. We know you were not expecting this to happen to you or your family. You might be confused and dealing with complex emotions. If the accident was due to the negligence or recklessness of another party, you may understandably feel anger, pain, and other strong feelings.
Nothing can ever give you back your loved one or take away the pain and grief you and your family are currently experiencing. The compassionate Baton Rouge wrongful death lawyers at Mansfield Melancon Car Accident and Personal Injury Lawyers can discuss pursuing justice and accountability through a Baton Rouge, Louisiana, wrongful death claim. Contact us for a free consultation with a Baton Rouge wrongful death attorney at (225) 263-4787 to review your legal options.
How Can Mansfield Melancon Car Accident and Personal Injury Lawyers Can Help With a Wrongful Death Claim in Baton Rouge
After a devastating loss in Baton Rouge, LA, you and your family are likely dealing with tremendous grief. It may be hard for you to return to routine activities in light of the tragedy. It can be nearly impossible for someone in this situation to deal with a wrongful death claim, especially in the limited one-year window Louisiana offers survivors.
An experienced Baton Rouge wrongful death lawyer can handle the administration of your legal claim by:
- Investigating the accident and identifying all at-fault parties
- Gathering evidence to support your negligence claim
- Advising you of your legal rights and options at each phase of the case so you can make informed decisions
- Compiling documentation to demonstrate the value of your losses
- Handling claim paperwork and managing case deadlines
- Negotiating for fair compensation
The Baton Rouge personal injury attorneys at Mansfield Melancon Car Accident and Personal Injury Lawyers have over 50 years of combined experience. We are a top-rated law firm and have recovered tens of millions of dollars for personal injury victims and their families. Contact us today for a free case review with a Baton Rouge personal injury lawyer to discuss how we can help.
How Does Louisiana Define Wrongful Death?
A wrongful death claim seeks compensation and justice for surviving family members of a person who died due to the negligent or wrongful act of another. If the victim would have survived the incident and would have had the right to file a personal injury lawsuit, there are typically grounds to file a wrongful death claim.
What Is the Difference Between Wrongful Death Claims and Criminal Cases?
Wrongful death claims and criminal cases are different in several ways, including:
- Purpose of the claim – In a criminal case, the purpose is to hold the culpable party responsible for their criminal acts and to punish them. In a wrongful death case, the purpose is to seek financial compensation for the losses the surviving family members experienced because of the death. Because there is no way to bring back a loved one, the only logical way a court can provide justice is through awarding monetary damages.
- Legal representation – In a criminal case, the prosecution represents the interests of society at large, not necessarily the surviving family members. In a wrongful death case, a personal injury lawyer represents the family’s interests.
- Involvement of a crime – Criminal cases involve the commission of a criminal act. Wrongful death cases do not necessarily involve a crime. Cases can be based on negligence or recklessness. It is not necessary to secure a criminal conviction to win a wrongful death civil claim.
- Burden of proof – The burden of proof in a criminal case is proof beyond a reasonable doubt, the highest burden of proof. The burden of proof in a civil case is proof by the preponderance of the evidence, which means that events are more likely than not, as the plaintiff alleges.
An experienced wrongful death lawyer can discuss all of your legal options during a free and confidential case review.
What Compensation Can Be Awarded in a Louisiana Wrongful Death Case?
Through a wrongful death claim, the surviving family may be able to recover the following types of damages:
Economic Damages
Economic damages compensate the family for costs they incurred because of the premature death of their loved one, such as:
- Funeral expenses and burial costs
- Loss of the decedent’s future income
- Loss of the deceased’s benefits, such as medical insurance and retirement benefits
- Loss of inheritance
An experienced lawyer can gather evidence to help quantify these losses.
Non-Economic Damages
Non-economic damages are more subjective, so they can be difficult to quantify.
Still, the surviving family can receive compensation for these losses, which might include:
- Mental anguish, emotional distress, pain, and suffering
- Loss of companionship
- Loss of consortium
- Loss of enjoyment of life
Punitive Damages
In rare cases, a judge or jury can award punitive damages. These damages are not intended to compensate the victim or their family. Instead, they are designed to punish the wrongdoer and deter similar conduct in the future. They are reserved for egregious situations.
Survival Action
In addition to a wrongful death claim, the surviving family may be able to recover certain damages through a survival action. This type of claim arises when the victim initially survives the events that led to their injury but eventually dies from these injuries. The family or legal representative can seek compensation for the losses the decedent experienced between the date of the accident and the date of death.
These losses might include:
- Medical expenses
- Property damage
- Lost wages
- Pain and suffering
An experienced wrongful death lawyer can review your case and explain whether you have the right to file a wrongful death action.
Common Causes of Wrongful Death in Louisiana
Wrongful death can occur under various circumstances, including as a result of criminal acts or negligence.
Some types of accidents that can lead to grounds to file a wrongful death claim include:
- Car accidents – Careless motorists may speed, drink and drive, text while driving, or engage in other negligent actions that cause fatal accidents.
- Truck accidents – Truck drivers and trucking companies are often in a hurry to make deliveries and get paid, so they may prioritize profits over safety.
- Motorcycle accidents – Due to the lack of protection motorcyclists have, accidents often result in the death of motorcyclists.
- Pedestrian accidents – Pedestrians can die when negligent motorists fail to watch out for them and hit them.
- Medical malpractice – Surgeons and other healthcare providers may make medical errors that kill patients in their care.
- Industrial accidents – Industrial explosions and other workplace accidents can sometimes result in worker deaths.
- Maritime accidents – Boating accidents and accidents on ships and harbors can result in death and catastrophic injuries.
- Offshore accidents – Workplace accidents in the Gulf of Mexico and other offshore rigs sometimes result in the death of workers.
- Slip and fall accidents – Accident victims can fall from heights or on the same level when visiting someone else’s property, potentially leading to life-ending injuries.
- Premises liability accidents – Property visitors may be victims of animal attacks or criminal attacks, leading to their deaths.
An experienced wrongful death attorney can review the circumstances surrounding your loved one’s death and explain if you have grounds to make a legal claim.
Who Is Responsible for a Wrongful Death?
The party who is legally liable for someone’s wrongful death depends on the specific circumstances surrounding the death.
Potential parties who may be to blame for a wrongful death could include:
- Motorists, trucking companies, or rideshare drivers
- Businesses or employers
- Healthcare providers
- Property owners
- Product manufacturers
- Governmental entities
- Boat and vessel owners
A skilled wrongful death lawyer can analyze the circumstances that led to your loved one’s death and identify if there was a party that owed a legal duty to them and breached that duty.
Who Can Bring a Wrongful Death Lawsuit in Louisiana?
Louisiana law provides a list of people who can bring a wrongful death lawsuit, which includes the decedent’s:
- Surviving spouse or child
- Parent
- Sibling
- Grandparent
- Personal representative
This list is in order of preference, so if a surviving family member exists in a higher category, the people below that category may not have the right to file the legal claim.
What Is the Deadline to File a Wrongful Death Lawsuit in Louisiana?
The statute of limitations to file a wrongful death lawsuit in Louisiana is one year from the decedent’s death. This does not give you much time to do everything that is involved in the process of filing a legal claim. Our skilled wrongful death attorneys can handle your case while you focus on your grief.
Contact an Experienced Baton Rouge Wrongful Death Lawyer for a Free Consultation
If you recently lost a loved one in an accident in Baton Rouge, LA, Mansfield Melancon Car Accident and Personal Injury Lawyers is here to help. A Baton Rouge wrongful death lawyer from our law firm can review the circumstances, investigate who is responsible for your loved one’s death, and fight to demand the justice and accountability you and your family deserve. Call us today for a free and confidential consultation.
