Did someone else’s negligence take the life of someone you loved? Situations like these are known as wrongful death cases, and they often shatter the families who experience them. It would not surprise us if you’re facing a lot of grief, confusion, and uncertainty.
While we can’t go back in time to undo the loss you’ve endured, you aren’t alone. Let us look into the details of your circumstances and represent you as your Prairieville personal injury lawyer. We are here to help you carry the weight of such a devastating situation.
At Cueria Law Firm, our attorneys have over a century of combined experience. Since opening our doors in 1993, we’ve helped people just like you recover millions in compensation. As your Prairieville wrongful death lawyer, you can trust us to fight for the justice you deserve.
What Constitutes Wrongful Death in Louisiana?
Under Louisiana law, a wrongful death occurs when a person dies due to the fault of another. This could include acts of negligence, recklessness, or intentional misconduct.
The statute allows certain surviving relatives to bring a civil lawsuit against the responsible party to recover damages related to the death.
Examples of scenarios that may give rise to a wrongful death claim include:
- Fatal motor vehicle accidents caused by reckless driving, DUI, or distracted driving
- Workplace accidents resulting from safety violations
- Medical malpractice, such as surgical errors or failure to diagnose a serious condition
- Dangerous or defective products
- Criminal acts like assault or homicide
Even if a person is not criminally charged or convicted, a civil wrongful death claim can still proceed. The burden of proof is lower in civil court than in criminal court, meaning plaintiffs need only prove the defendant was responsible by a preponderance of the evidence.
Who Can File a Wrongful Death Lawsuit in Prairieville?
Louisiana law establishes a specific order of individuals who are eligible to file a wrongful death claim:
- The surviving spouse and children of the deceased have the first right to file.
- If there is no surviving spouse or child, the surviving parents of the deceased may file.
- If there are no surviving spouse, children, or parents, then the surviving siblings may file.
- If none of the above family members are alive, the surviving grandparents may pursue a claim.
Adoptive relationships are treated the same as biological ones under the law. For example, an adopted child has the same right to bring a wrongful death action as a biological child.
Also, if the deceased individual was a minor and the parents were legally separated or divorced, the parent who had legal custody at the time of death typically has the primary right to file.
Time Limits for Filing a Claim
Wrongful death claims in Louisiana are subject to a one–year prescriptive period, which functions similarly to a statute of limitations. This means the claim must be filed within one year of the date of the decedent’s death.
Failing to file within this time frame usually results in the loss of the right to seek compensation. There are rare exceptions that may toll or delay the prescriptive period, such as cases involving fraud or where the cause of death was not immediately known.
However, these exceptions are narrowly interpreted by courts, so prompt action is essential.
Damages Recoverable in a Louisiana Wrongful Death Claim
Surviving family members may be entitled to a range of damages under Louisiana law. These damages fall into two primary categories: economic and non-economic losses.
Economic Damages
These are quantifiable financial losses related to the death:
- Loss of financial support: This includes the income the deceased would have provided to their family over their expected working lifetime.
- Medical expenses: Any hospital or medical treatment the deceased received before their death that was caused by the wrongful act.
- Funeral and burial costs: These expenses can be substantial and are recoverable in a wrongful death action.
- Loss of household services: If the deceased provided childcare, home maintenance, or other household tasks, their value may be included in the compensation.
Non-Economic Damages
These are more subjective losses that account for the emotional and psychological impact of the death:
- Loss of companionship, love, and affection
- Loss of consortium for a surviving spouse
- Mental anguish or emotional pain and suffering
- Loss of guidance or nurturing for surviving children
The amount awarded for non-economic damages varies widely based on the circumstances of the case and the relationship between the deceased and the claimant.
Contact Our Wrongful Death Law Firm in Prairieville Today
When someone you love is taken from you because of someone else’s actions, the pain can be immeasurable. You may be feeling grief, anger, confusion, if not all three—and it’s not uncommon to find yourself wondering how you’ll ever move forward.
However, you don’t have to try to figure everything out all on your own. Instead, let the Prairieville wrongful death lawyers at Cueria Law Firm support you. We are committed to helping families like yours hold negligent parties accountable in your pursuit of justice.
Reach out to our Prairieville wrongful death law firm as soon as possible. We want to help you take the necessary steps toward closure and accountability.