The death of a loved one is one of life’s most difficult experiences. Losing a loved one due to another party’s negligence or wrongdoing can be agonizing. If someone else’s fault caused your loved one’s death, you may have options for seeking justice and compensation for your damages.
Contact Chris Corzo Injury Attorneys today to discuss your case with an experienced Baton Rouge wrongful death lawyer.
Understanding Wrongful Death in Baton Rouge, Louisiana
A wrongful death is any death caused by the negligence or wrongful action of another party. Louisiana Civil Code Article 2315.2 provides a right of action to wrongful death survivors to seek damages they sustained due to their loved one’s death.
The survivors who have the right to recover damages in a wrongful death action include:
- The surviving spouse and children.
- The surviving father and mother, if there is no spouse or child.
- The surviving brothers and sisters, if there is no spouse, child, or parent surviving.
- The surviving grandparents, if there is no spouse, child, parent, or sibling surviving.
Wrongful death actions may be based on negligence, another party’s intentional act, or strict liability. Most are based on negligence.
While the statute of limitations for most Louisiana personal injury claims has recently been extended from one year to two years, this extension does not apply to wrongful death claims. A wrongful death action must be filed within one year of the death.
If you miss your filing deadline, you will not be able to recover compensation. However, there are rare exceptions to the statute of limitations, so you should promptly consult an experienced Baton Rouge wrongful death lawyer to determine your deadline.
Louisiana Wrongful Death Options For Survivors
Survivors of a person killed by another party’s negligence or wrongdoing have options for seeking justice and compensation. Many wrongful death cases result from serious accidents, such as car crashes, truck accidents, or motorcycle accidents, and understanding these claims can help survivors pursue the compensation they deserve.
Wrongful Death Lawsuit:
This is the most obvious option for survivors. They may file a civil action lawsuit against the party or parties responsible for their loved one’s death. Compensation that may be recoverable in a Louisiana wrongful death action includes funeral and burial expenses, loss of future earnings, loss of benefits, pain and suffering, loss of consortium, loss of companionship, and other economic and non-economic damages incurred due to the wrongful death.
Settlement Negotiations:
Survivors may attempt to reach a fair settlement with the defendants through out-of-court settlement negotiations. Negotiations can be attempted before filing suit, or anytime after the suit is filed. Most civil suits are resolved without going to trial.
Mediation or Alternative Dispute Resolution
While this option is not exercised often, you and the defendants can choose to use a mediator or arbitrator to help resolve your case. This option uses a neutral third-party to help reach a settlement and is less formal and usually less stressful than a trial.
Criminal Charges:
In some wrongful death cases, the state may pursue criminal charges against a wrongdoer. The criminal charges are entirely separate and distinct from the survivor’s civil action claim. Although only the state can pursue criminal prosecution, they often consult with the decedent’s family. While a guilty verdict in a criminal case can support the lawsuit, it is not necessary for criminal charges to be filed to pursue a wrongful death action in civil court.
Survival Action:
In addition to a wrongful death action, survivors may also have the right to file a Louisiana survival action if their loved one survived for a period of time after the accident or incident that ultimately caused their death.
While a wrongful death claim seeks the damages sustained by the family members, a survival action seeks the damages sustained by the decedent prior to death. This claim seeks damages that the decedent would have been able to pursue had they survived.
For example, a survival action could seek damages for the decedent’s pain and suffering, emotional distress, lost wages and medical expenses incurred between the time of the accident and death. The parties given the right to file a survival action are the same as in a wrongful death action. However, the survival action may also be brought by the deceased’s succession representative on behalf of the decedent’s estate if there are no other named survivors.
Workers’ Compensation Claim:
If your loved one’s death happened at work or during the course of their job duties, you may be entitled to recover a workers’ compensation death benefit. This is in addition to your right to seek wrongful death damages.
You cannot usually sue your loved one’s employer for their death, but if their death was caused by a third party while at work, you may have the right to file both a wrongful death claim and a workers’ compensation claim.
Claims Against Government Entities:
In some cases, a government entity’s negligence could be responsible for your loved one’s death. For example, if a dangerous road condition caused a fatal car accident, you may want to file an action against the state.
You need to be aware that any claim against a government entity is governed by the Louisiana Governmental Claims Act (LGCA), requiring the use of specific procedures. These claims generally have a much shorter filing deadline. You should immediately consult with an experienced wrongful death attorney in Baton Rouge, Louisiana.
How a Wrongful Death Lawyer in Baton Rouge, LA Can Help
Wrongful death claims are usually complex, often involving multiple parties, insurance companies, and attorneys. An experienced Baton Rouge wrongful death attorney can protect your rights and help you recover maximum compensation.
They can help identify all possible causes and liable parties for your loved one’s death. They can take action to help prevent the loss or destruction of critical evidence and uncover and gather proof needed to build your case.
Your wrongful death lawyer can help establish and accurately value your damages so you know what a fair settlement of your claim would be. They can work to reach a fair settlement as quickly as possible. And if a fair settlement is not reached, they can take your case to trial to demand justice and full compensation.
Contact a Baton Rouge Wrongful Death Attorney at Chris Corzo Injury Attorneys
If you have lost a loved one due to another party’s negligence or wrongful action, you may have the right to recover compensation for your damages. While no amount of money can make up for your loss, financial compensation can help ease some of the burdens caused by your loved one’s death.
At Chris Corzo Injury Attorneys, our compassionate Baton Rouge wrongful death lawyers have decades of experience helping clients recover maximum compensation, and we want to do the same for you. Call (225) 999-1111 or visit our contact page to schedule a free consultation.