Baton Rouge Wrongful Death Lawyers
Wrongful Death Lawsuit Representation in Louisiana
Our team of experienced Baton Rouge wrongful death lawyers at Chris Corzo Injury Attorneys is compassionate to the difficult situation you are navigating and genuinely care about your well-being.
Losing a loved one because of the actions of someone else is an unthinkable tragedy. There are no easy answers in the aftermath, and no amount of money can make up for what has happened.
However, you and your family have a right to justice, and recovering money damages from those responsible can help you ameliorate some of the financial stress that inevitably comes with an unexpected loss.
Our Christian values are the driving force behind our firm’s philosophy, and we are deeply committed to providing our clients the advocacy they need to hold negligent parties accountable for their actions.
Our Baton Rouge wrongful death attorneys have secured billions of dollars for thousands of clients, and we are ready to put our skills and experience to work for you and your family. No matter your circumstances, we will be there when you need us and fight to deliver the maximum recovery you deserve.
You pay nothing unless we put money in your pocket, so contact us onlineor call (225) 230-3110 to schedule a free initial consultation. We are available to take your call 24/7. Offices located in Baton Rouge and Gonzales.
What Is Wrongful Death?
Someone’s passing is considered “wrongful death” if they died due to the negligence or misconduct of another person or entity. If the victim more than likely would have lived if not for the actions of another party, qualifying loved ones likely have a wrongful death claim.
This type of legal action allows them to obtain compensation for losses associated with the avoidable passing
The burden of proof is generally identical to that of what a personal injury lawsuit would have looked like had the victim survived. For example, if someone perishes in a car accident, the person bringing the wrongful death claim must prove the defendant driver’s negligence led to the collision.
What Types of Accidents Cause Wrongful Death?
Any accident can theoretically lead to wrongful death, as a victim’s passing does not need to be instantaneous. In other words, if a victim sustains serious injuries that later prove to be fatal, their loved ones still may have a wrongful death case.
With that in mind, there are still certain scenarios where fatal injuries are more statistically common.
Our Baton Rouge wrongful death attorneys may be able to assist you with claims involving:
- Car accidents. Rollovers, head-on collisions, and side-impact collisions can all produce devastating consequences, including life-ending injuries.
- Motorcycle accidents. Motorcyclists are more exposed than traditional motorists and are more likely to be thrown from their vehicles in a crash, potentially resulting in more serious injuries. Motorcyclists who do not wear helmets are also likely to sustain traumatic brain injuries, which can often prove to be fatal.
- Truck accidents. Enormous, 18-wheeler trucks tend to be much larger and heavier than other vehicles on the road, resulting in greater, potentially deadlier forces being exerted on other drivers, passengers, pedestrians, and cyclists in the event of a collision.
- Bicycle accidents. Like motorcyclists, bicyclists are particularly susceptible to fatal injuries in a crash, especially if they are hit head-on by a vehicle at high speeds.
- Pedestrian accidents. The human body is not meant to withstand the direct impact of a fast-moving vehicle, meaning any collisions involving pedestrians end in severe, life-altering injuries or death.
- Slip and falls. A seemingly simple fall can in some circumstances cause fatal injuries, especially if the victim’s skull, neck, or spine lands on a jagged, sharp, or firm surface, corner, or edge.
- Medical malpractice. A healthcare provider commits medical malpractice if their negligent actions result in the injury or death of a patient. Examples of medical malpractice include misdiagnoses (leading to improper treatment or a failure to treat a potentially fatal condition), surgery-related mistakes, and failing to warn about the risks associated with a procedure.
Recovering Compensation in a Wrongful Death Lawsuit
As a qualifying family member (or representative of the deceased person’s estate), you have a very limited window to start the wrongful death legal process in Louisiana. Generally, you only have one year from the date the victim passed to file a lawsuit.
To prevail in a wrongful death claim, you must prove the defendant’s negligence or willful misconduct resulted in the fatality. In other words, you must establish that your loved one more likely than not would still be alive if not for the defendant’s actions (or lack of action).
Our team at Chris Corzo Injury Attorneys can help you prove the specific legal elements needed to win a wrongful death case:
- A duty of care existed. You must demonstrate that a “duty of care” relationship existed between your loved one and the defendant at the time of the incident. Drivers owe other motorists a duty of care whenever they get behind the wheel, for example, so someone who perishes due to car accident injuries can most likely establish a duty of a care relationship. In a products liability case where a dangerous or defective product kills someone, the manufacturer (and potentially other parties in the product’s chain of distribution) typically owe the victim a duty of care.
- That duty of care was breached. Someone breaches a duty of care when they act negligently, recklessly, or with malicious intent. A driver breaches their duty of care to other motorists when they operate their vehicle while intoxicated or fail to follow the rules of the road. A manufacturer breaches their duty of care to consumers when they put out a dangerous product.
- The breach led to the death of the victim. The defendant’s conduct must have resulted in the victim sustaining fatal injuries. The injuries do not have to immediately lead to death.
- You suffered damages as a direct result of the death. As a qualifying family member or representative of the date, you should not have much trouble proving you suffered calculable and incalculable losses due to the untimely passing of your loved one.
In a Louisiana wrongful death claim, you can potentially recover economic, non-economic, and even punitive damages. Economic damages cover out-of-pocket expenses, while non-economic damages are meant to compensate you for types of harm that cannot be straightforwardly quantified.
Punitive damages are not always granted but are meant to punish the defendant for especially unacceptable behavior and deter others from acting similarly.
Our Baton Rouge wrongful death lawyers will fight to recover the damages your family deserves, including compensation for:
- Medical costs associated with the victim’s fatal injuries and death
- Funeral and burial expenses
- Loss of future income the victim would have earned had they lived
- Loss of benefits, including medical coverage and retirement benefits
- Loss of inheritance due to the victim’s untimely passing
- Loss of companionship from the deceased
- Loss of consortium
- Loss of enjoyment of life
- Emotional distress, pain, and suffering
How Can a Wrongful Death Attorney Help?
As you grieve your lost loved one, the last thing you should have to worry about is how you will navigate a complex legal procedure. An experienced lawyer can provide the compassionate and attentive legal support you need to hold negligent parties accountable while simultaneously giving you the space to mourn and move forward.
Our Baton Rouge wrongful death attorneys will investigate your circumstances, determine liability, help you understand your legal options, and advocate for you from beginning to end. We recognize what it takes to win these cases and will work to optimally position your claim. You will work closely with us throughout each stage of the process, and you owe us nothing upfront.
With the help of one of our lawyers, your case may not require a trial. We have a proven track record of negotiating fair settlements with defendants and avoiding drawn-out court battles. Our team will always make every effort to maximize your recovery, so if we cannot secure a fair settlement, we are ready to fight for justice in court.
Frequently Asked Questions about Wrongful Death in Louisiana
Who Can File a Wrongful Death Lawsuit in Louisiana?
In a typical personal injury claim, the injured party files a lawsuit and attempts to recover damages. Because the aggrieved party in a wrongful death case cannot take legal action by default, a qualifying family member (or in some cases, another party) must file a lawsuit on their behalf.
State law governs who has the right to bring a wrongful death claim. Generally, the most immediate surviving relative can file a lawsuit.
In Louisiana, the following family members may be able to file a wrongful death lawsuit on behalf of a deceased loved one:
- The surviving spouse or children of the deceased person
- The surviving parent or parents of the deceased person (if there is no surviving spouse or children)
- The surviving sibling or siblings of the deceased person (if there is no surviving spouse, children, or parents)
- The surviving grandparents of the deceased person (if there is no surviving spouse, children, parents, or siblings)
- The representative of the deceased person’s estate (if there are no surviving immediate relatives)
Not sure if you have the right to pursue a lawsuit on behalf of a loved one? We can evaluate your situation and help you understand your legal options.
What Is Louisiana’s Statute of Limitations on Wrongful Death Claims?
In most cases, a qualifying party has one year from the date their loved one passed away to file a Louisiana wrongful death lawsuit. Note that the deadline is tied to the day your loved one died, not the day they sustained their fatal injuries. For example, if someone suffered catastrophic injuries in a motorcycle accident but only succumbed to those injuries a month later, the clock starts ticking on the day they passed away,not the date of the accident.
Who Receives the Money in a Louisiana Wrongful Death Settlement?
The person or persons who bring the wrongful death lawsuit will receive the money from a settlement or damage award. Surviving spouses and children receive first priority, followed by parents, then siblings, then grandparents, then estate representatives. If a sibling has standing to file a wrongful death claim and successfully does so, for example, the sibling will receive the money.
When you choose our firm to represent your family, you will always come first. Contact us onlineor call (225) 230-3110 to learn more about how we can assist you during this unimaginably difficult time. Offices in Baton Rouge and Gonzalez.
Rear-end: Chris’ client suffered head, neck, elbow, arm, wrist, rib, back, and leg injuries in a truck wreck in Pointe Coupee Parish.
Side-Swiped: Chris’ client suffered head, neck, and back injuries in a car wreck in East Baton Rouge Parish.
Rear-end: Chris’ client suffered headaches, neck, back, and various soft-tissue injuries in a truck wreck in Pointe Coupee Parish.