When someone you love dies due to another party’s negligence or wrongdoing, your grief can feel unbearable. While no amount of money can compensate for the loss of someone you love, it may help ease some of the financial burdens caused by their death.
If another party caused your loved one’s death, you need to understand your legal options. Reach out to a Baton Rouge wrongful death attorney at Chris Corzo Injury Attorneys by visiting our contact page.
Louisiana Wrongful Death Action
Louisiana law provides a cause of action for survivors to recover damages if their loved one dies due to another party’s wrongdoing or negligence.
Louisiana Civil Code Article 2315.2 states:
“If a person dies due to the fault of another, suit may be brought by the following persons to recover damages which they sustained as a result of the death:
(1) The surviving spouse and child or children of the deceased, or either the spouse or the child or children.
(2) The surviving father and mother of the deceased, or either of them if he left no spouse or child surviving.
(3) The surviving brothers and sisters of the deceased, or any of them, if he left no spouse, child, or parent surviving.
(4) The surviving grandfathers and grandmothers of the deceased, or any of them, if he left no spouse, child, parent, or sibling surviving.”
If you are a surviving spouse or child of someone killed wrongfully in an accident, such as a motorcycle accident, pedestrian accident, spinal cord injury, etc., you have the right to seek financial damages.
If your loved one did not have a surviving spouse or child, you may have a right to recover damages if you are a surviving parent, sibling, or grandparent. You should promptly consult an experienced Baton Rouge wrongful death lawyer if you believe you may have the right to file a wrongful death claim.
Louisiana Wrongful Death Claim Recoverable Damages
The type and amount of compensation you can recover in a Louisiana wrongful death claim depends on several factors, including your relationship to the decedent, how much financial support you received from the decedent, and the decedent’s estimated future earnings.
Some types of damages recoverable in a wrongful death claim include:
- Funeral and burial expenses
- Loss of financial support you would have received from the decedent
- Loss of the decedent’s companionship, love, and guidance
- Mental and emotional anguish experienced by survivors
An experienced wrongful death attorney in Baton Rouge can help establish and accurately value all your current and future damages to maximize the compensation you can recover.
Statute of Limitations For A Louisiana Wrongful Death Action
A statute of limitations is a law that sets a deadline for filing a wrongful death claim to recover compensation. If you miss your filing deadline, you will not be able to recover any compensation.
As stated in Louisiana Civil Code Article 2315.2(B), the statute of limitations for a Louisiana wrongful death claim is one year from the date of death or two years from the date that the injury that caused death was sustained, whichever is longer.
Other Legal Options
In addition to filing a Louisiana wrongful death claim, you may have the right to recover compensation from other sources, including:
- A Louisiana survival action may entitle you to damages sustained by the decedent prior to their death resulting from the injury that caused their death.
- A workers’ compensation claim may be an option if your loved one’s death occurred while on the job. While you cannot generally sue your loved one’s employer in a wrongful death claim, there are exceptions, and you can sue third parties responsible for their death. In some cases, you may be able to recover compensation through both a workers’ compensation claim and a wrongful death claim.
- You should investigate whether your loved one had employer-sponsored life insurance or purchased it privately.
You should consult an experienced wrongful death attorney to ensure you consider all possible options for recovering damages. In some cases, criminal charges may also apply for your loved one’s death. The state prosecutes criminal charges, and they are entirely separate and distinct from a civil wrongful death claim.
Contact a Baton Rouge Wrongful Death Lawyer at Chris Corzo Injury Attorneys Today
If you have lost a loved one due to another party’s negligence or wrongful action, you may have the right to recover compensation. You should consult an experienced wrongful death attorney promptly to understand your options.
At Chris Corzo Injury Attorneys, our team has protected the rights of injury victims and their families for decades and has a proven record of securing maximum compensation for our clients. Let us help you.
Call a Baton Rouge wrongful death lawyer at (225) 999-1111 or visit our contact page and schedule a free consultation to discuss your Louisiana wrongful death claim options.