There is perhaps nothing more devastating than the unexpected loss of a loved one. This loss can be all the more overwhelming and painful if you believe that your loved one’s death could have and should have been prevented if not for the negligent or intentional action of someone else.
At Big River Trial Attorneys, we are committed to helping our clients in the wake of the unthinkable. We know that you are overcome with loss, and we are here to help you through the legal aspects of your case so that you and your loved ones can find justice and financial support even as you mourn.
We want you to know that you could secure both legal justice and compensation if your loved one’s death was due to another person or party’s:
In the U.S., unintentional injuries caused in accidents are the fourth leading cause of death behind only heart disease, cancer and chronic lower respiratory diseases. However, not every death due to unintentional injury is a basis for a wrongful death lawsuit – however, many are.
Wrongful death cases can take on many different forms. Technically, any death that is caused by another party’s negligence or direct intention can be followed by a civil lawsuit. But some types of wrongful death cases are more common than others. In both the United States and Louisiana, the following wrongful death cases are most common:
Even with FDA regulations, there are thousands of deaths due to defective drugs and negligent pharmaceutical companies. There are a number of class action lawsuits against companies that have broken the law by improperly selling and marketing dangerous drugs or failing to warn of problems they know are caused by the drugs they sell.
Louisiana has special state laws regarding who can file a wrongful death claim. These laws not only specify who can file a claim against the at-fault parties, but also when they can file. Here’s what you need to know.
The representative of the deceased person’s estate may file a “survival action,” which can recover certain types of damages owed to the deceased person for the physical and economic injuries he or she incurred. In contrast, a “wrongful death claim” belongs to the relatives of the deceased person for the damages they incurred as a result of the person’s death. The right to bring these claims would generally belong to the following:
To recover in a wrongful death claim you must prove the majority of fault belonged to the other party and not to the deceased. Just as with all personal injury lawsuits in Louisiana, proving fault means proving whether the defendant breached a duty of care owed to the affected person and whether this breach caused injuries and death to the deceased.
Secondly, a person must prove the amount of damages they believe they are owed. This can be calculated with the help of your legal team and experts who specialize in determining damages. One of the biggest mistakes families make when settling wrongful death claims is not realizing the extent of their damages and accepting much less money than they are owed under the law.
We understand that you are likely not thinking first and foremost about legal actions following the death of your loved one. That’s why we are here: we take the burden of your loved one’s legal proceedings off of your shoulders and make certain that their rights and your rights are protected, every step of the way.
Our team of experienced, thoughtful, and thorough attorneys are here for you, from determining whether you have a wrongful death claim, to filing the claim, to settling the case or going to court. We are committed to answering your questions, analyzing your best options for legal action, and making certain that you get what you deserve fairly under the law.
Big River Trial Attorneys offers confidential, complimentary consultations for families who have lost a loved one. Call our office today at (225) 963-9638 to find out more about our legal services or schedule your meeting with a Louisiana wrongful death attorney.
