Did you lose a loved on because of someone else’s negligence? If so, you may feel overwhelmed, heartbroken, and unsure about what to do next.
A wrongful death can leave your family facing financial hardship, unanswered questions, and deep emotional pain. However, you do not have to handle this alone. A Kenner wrongful death lawyer can guide you through this difficult time.
Since 1993, Cueria Law Injury Lawyers has recovered millions of dollars for injured families across Louisiana. Our legal team brings over a century of combined experience to every case. When you need a Kenner personal injury lawyer you can trust, we are here for you.
Contact us today for a free consultation.
What Is Wrongful Death Under Louisiana Law?
Under Louisiana law, a wrongful death occurs when someone dies because of another person’s fault. This may include negligence, carelessness, medical malpractice, or intentional harm.
Importantly, the responsible party does not have to intend to cause death. Instead, liability may arise from failing to act with reasonable care or making unsafe decisions.
Common examples of wrongful death cases include:
- Fatal car accidents cause by drunk or distracted driving
- Medical errors, such as surgical mistakes or misdiagnosis
- Defective products, including unsafe auto parts or contaminated food
- Workplace accidents caused by unsafe conditions
- Criminal acts such as assault or homicide
If your loved one’s death fits one of these scenarios, a Kenner wrongful death lawyer can evaluate your case.
Who Can File a Wrongful Death Lawsuit in Kenner?
Louisiana law limits who can file a wrongful death claim. The state follows a strict order of priority.
The following individuals may file, in this order:
- The surviving spouse and/or children
- If none, the surviving parents
- If none, the surviving siblings
- If none, the surviving grandparents
Each group has exclusive rights unless those individuals are deceased or legally barred from recovery.
Adopted family members have the same rights as biological relatives. However, unmarried partners and distant relatives who are not legally recognized generally cannot file a claim.
What Damages Are Available in a Wrongful Death Case?
A wrongful death lawsuit allows surviving family members to recover both economic and non-economic damages.
Economic Damages
Economic damages cover financial losses, such as:
- Funeral and burial expenses
- Medical bills related to the final injury or illness
- Loss of future income and financial support
- Loss of benefits, including pensions or insurance
Non-Economic Damages
Non-economic damages address emotional and personal losses, including:
- Emotional distress and mental anguish
- Loss of companionship and guidance
- Loss of love and care
- Loss of consortium for a surviving spouse
Louisiana does not cap damages in most wrongful death cases. However, exceptions may apply in medical malpractice cases or claims involving government entities.
Statute of Limitations for Wrongful Death in Louisiana
Louisiana law gives families only one year from the date of death to file a wrongful death lawsuit.
If you miss this deadline, you may lose your right to seek compensation. Therefore, acting quickly is critical.
In most cases, the one-tear period begins on the date of death. Limited exceptions exist, but courts apply them narrowly. For this reason, you should speak with a Kenner wrongful death lawyer as soon as possible.
Proving Liability in a Wrongful Death Case
To succeed in a wrongful death claim, you must prove liability by a preponderance of the evidence. This means showing it is more likely than not that the defendant caused the death.
You must establish the following elements:
- Duty of care: The defendant owed your loved one a duty to act responsibly.
- Breach of duty: The defendant failed to meet that duty
- Causation: That failure directly caused the death
- Damages: Surviving family members suffered measurable losses.
Evidence may include:
- Medical records
- Accident reports
- Surveillance footage
- Expert testimony
- Witness statements
A Kenner wrongful death lawyer will gather and present this evidence to build a strong case.
Comparative Fault in Louisiana Wrongful Death Cases
Louisiana follows a comparative fault system. This means compensation may be reduced if the deceased was partially at fault.
For example, if damages total $500,000 and your loved one was 30% at fault, your family could recover $350,000.
Because comparative fault can significantly impact compensation, it is important to work with an experienced Kenner wrongful death lawyer who can challenge unfair blame.
Speak With a Kenner Wrongful Death Lawyer Today
Losing someone you love is devastating. When their death was caused by negligence, the pain can feel even heavier.
At Cueria Law Injury Lawyers, we understand what is at stake. While no lawsuit can undo your loss, it can provide financial stability and a path toward justice.
Let our Kenner wrongful death lawyers help you hold the responsible parties accountable.
Call today to schedule your free consultation. The sooner you reach out, the sooner we can begin protecting your family’s rights.