FAQs About Wrongful Death in Baton Rouge

Losing a loved one is one of the hardest things you will ever go through. Afterward, you will have many emotions including grief, frustration, and anger. This is particularly true when another person’s negligence caused the death. In these situations, particularly, you may also have many questions. You might wonder if there is anything you can do, or if you can take action against the careless party who caused the death. Below, our Baton Rouge wrongful death lawyer outlines the most common questions we hear, and the answers to them.

Can I Take Legal Action Against the Person Who Caused My Loved One’s Death?

Yes. If you can prove that someone else acted negligently, or carelessly, and those actions resulted in your loved one’s death, you can file a claim if you are an eligible family member. Louisiana law allows for two types of legal actions. The first is a wrongful death claim, which allows family members to recover the losses they suffered as a result of losing their loved one’s death. The second is a survival claim, which allows the estate of the deceased to claim compensation the decedent could have recovered if they survived the accident.

Who Can File a Wrongful Death Claim?

All states limit the people who can file a wrongful death claim and Louisiana is no different. State law stipulates that only the following people can file wrongful death claims and survival actions:

• The surviving spouse or children,
• The surviving parents,
• The surviving siblings, and
• The surviving grandparents.

What Damages are Available in Wrongful Death Claims?

Through a wrongful death claim, you can pursue damages for any loss you suffered. These may include the loss of income the family was dependent on, loss of consortium, and the loss of care and guidance, to name a few. Through a survival action, the estate can claim any loss the deceased suffered due to the accident. These may include medical expenses, lost income, and pain and suffering, particularly if some time passed between the accident and the resulting death.

How Long Does it Take to File a Wrongful Death Claim?

No one can determine exactly how long filing your wrongful death claim will take. However, the time it will take to settle your case will depend on two main factors. The first is whether the insurance company covering the liable party is denying fault for the accident that caused the death. The second is the amount of insurance that is available to compensate your family.

If the insurance company denies fault, you may have to file a lawsuit against them, which will take much longer. While a quick settlement may sound good and is tempting to accept, it likely means the insurer is not willing to pay the full damages necessary to cover the losses your family has suffered.

Should I Speak to the Insurance Adjuster After a Wrongful Death?

No. The adjuster works for the insurance company and the insurer is looking for anything that can reduce the amount of damages they owe. With very few exceptions, you should never speak to the insurance adjuster. Instead, if you believe your loved one’s death was someone else’s fault, you should speak to a Baton Rouge wrongful death lawyer. A lawyer will answer your questions, speak to the insurer on your behalf, and ensure your rights are upheld.

Will I Have to Go to Court?

No one can determine if you will have to appear in court, but the vast majority of wrongful death claims settle outside of the courtroom. The possibility of going to court increases if you have to file a lawsuit against the insurer because they are being unreasonable and unwilling to offer a fair settlement. Still, even after filing your lawsuit, negotiations will continue and you may reach a settlement before having to go to trial.

How Long Do I Have to File a Claim?

Again, all states place a statute of limitations, or time limit, on wrongful death claims and this is true in Louisiana, too. Generally speaking, you have just one year from the date of the death to file a wrongful death claim. While there are exceptions to the rule, they are extremely limited. If you do not file your claim before the statute of limitations expires, your family will lose the right to claim any damages at all.

Why Should I Work with a Wrongful Death Lawyer in Baton Rouge?

Filing a wrongful death claim is never easy. At Big River Trial Attorneys, our Baton Rouge wrongful death lawyers can help you overcome the challenges these claims present, answer your questions, and ensure you receive the fair settlement you are entitled to. Call us now at (225) 963-9638 or fill out our online form to schedule a free consultation.