Did you lose a loved one as a result of someone else’s negligence? Wrongful death cases are heartbreaking, and they often leave families like yours facing a plethora of consequences that were not their fault.
As a result, you might find yourself struggling with financial uncertainty and unanswered questions in addition to your grief. The aftermath of such a tragedy can be very difficult, but you don’t have to face it all by yourself. Instead, let a Kenner wrongful death lawyer support you.
Since 1993, the lawyers at Cueria Law Firm have recovered millions in compensation for people just like you. We have over a century of combined legal experience, and we’re here to represent you as your Kenner personal injury lawyer. You can count on us.
What Is Wrongful Death Under Louisiana Law?
Under Louisiana law, a wrongful death is defined as one caused by the fault of another person. This could include acts of negligence, carelessness, medical malpractice, or even intentional harm.
The person or entity responsible does not need to have acted with the intention to kill; rather, liability can stem from failure to act with reasonable care or making decisions that put others at unreasonable risk.
Examples of situations that could lead to a wrongful death claim include:
- Fatal car accidents caused by drunk or distracted drivers
- Medical errors, such as surgical mistakes or misdiagnosis
- Defective products, including malfunctioning auto parts or contaminated food
- Workplace accidents resulting from unsafe conditions or inadequate training
- Criminal acts like assault, battery, or homicide
Who Can File a Wrongful Death Lawsuit in Kenner, Louisiana?
Not every person connected to the deceased can file a wrongful death claim in Louisiana. The state uses a hierarchy to determine eligibility.
The following individuals can file, in order of priority:
- The surviving spouse and/or children of the deceased
- If there is no spouse or child, the surviving parents
- If there are no surviving parents, the surviving siblings
- If there are no surviving siblings, the surviving grandparents
Each class has exclusive rights unless those individuals are deceased or legally barred from recovering damages. Adopted family members are treated the same as biological ones, but more distant relatives or unmarried partners not recognized by law are generally ineligible.
What Types of Damages Are Available in a Wrongful Death Case?
The purpose of a wrongful death lawsuit is to compensate surviving family members for both economic and non-economic losses.
Here are some examples of economic damages:
- Funeral and burial expenses
- Medical bills related to the deceased’s final injury or illness
- Loss of the deceased’s expected earnings and financial support
- Loss of benefits, such as pension plans or insurance coverage
And here are examples of non-economic damages:
- Pain and suffering experienced by survivors
- Emotional distress and mental anguish
- Loss of companionship, love, care, and guidance
- Loss of consortium for spouses who become widows
Louisiana does not place a cap on damages in most wrongful death cases, although exceptions may apply in cases involving medical malpractice or claims against government entities.
Statute of Limitations for Wrongful Death Claims in Louisiana
The time limit for filing a wrongful death lawsuit in Louisiana is one year from the date of death. Missing this deadline can result in a complete loss of the right to pursue compensation.
There are very few exceptions, such as cases where the cause of death was not immediately discoverable. However, these exceptions are narrowly construed and should not be relied upon without clear justification.
It’s important to note that the one-year period begins on the actual date of death, not the date of the accident or negligent act that caused the death, unless the person died instantly.
Proving Liability in a Louisiana Wrongful Death Case
Like other personal injury cases, wrongful death claims in Kenner must be proven by a preponderance of the evidence. This means the plaintiff must demonstrate it is more likely than not that the defendant’s actions directly caused the death.
These elements must be established:
- Duty of care: The liable party owed the deceased a duty to act with reasonable care. For example, drivers have a duty to obey traffic laws, and doctors have a duty to provide competent medical care.
- Breach of duty: The defendant breached that duty by acting negligently, recklessly, or intentionally.
- Causation: The breach of duty directly caused the victim’s death.
- Damages: The surviving family members suffered measurable harm due to the death.
Evidence may include medical records, accident reports, surveillance footage, expert testimony, and witness statements.
Comparative Fault in Wrongful Death Lawsuits
Louisiana follows a comparative fault system, which can affect how much compensation surviving family members receive. If the deceased was partly at fault for the accident that led to their death, the amount awarded will be reduced by their percentage of fault.
As an example, if a jury determines that the deceased was 30% responsible for a car crash and the total damages were $500,000, the family would be entitled to 70% of that amount, or $350,000.
Comparative fault can significantly impact the value of a wrongful death claim, especially in complex cases involving multiple parties or unclear liability.
Call Our Wrongful Death Law Firm in Kenner to Learn More
Losing someone you love is never easy, especially when their death was caused by someone else’s negligence. If you’re feeling overwhelmed and finding yourself uncertain about where to turn next, know that you’re not alone. Our Kenner wrongful death lawyers are here to help.
At Cueria Law Firm, our wrongful death attorneys in Kenner understand what’s at stake, and we are ready to support you as you pursue justice on behalf of your loved one. While no amount of legal action can undo what happened, it can help bring a sense of closure and financial relief.
Reach out to our Kenner wrongful death law firm today. The sooner we hear from you, the sooner we can start taking meaningful steps toward holding the at-fault parties accountable and prioritizing your right to heal from such a traumatic event.