The sudden passing of a loved one is always difficult, but when their death is the result of someone else’s negligence, it can be particularly hard for friends and family members.
Louisiana’s legal system allows surviving family members to file wrongful death lawsuits to pursue justice and fair compensation for losses when preventable fatalities happen. Taking legal action can be exhausting and confusing, but the complexities can be even greater when filing a wrongful death claim.
This is where you really need an experienced Baton Rouge wrongful death lawyer in your corner to represent you and your family’s best interests.
Obviously, filing a personal injury claim won’t bring back your loved one. Still, it can help a surviving spouse, child, and other family members cover the costs related to the funeral and stay afloat financially by helping make up for any lost wages due to their loved one’s death.
Your attorney will know all the appropriate Louisiana laws that apply to your wrongful death case so that you can recover the maximum compensation you and your family deserve. Reach out to Bianca |Matkins to find out how we can help you.
Common Causes of Wrongful Death in Baton Rouge
Louisiana Civil Code Art. 2315.2 outlines what constitutes a wrongful death in our state, defining the situation as one in which a “person dies due to the fault of another.”
There are, of course, many possible scenarios that could lead to someone dying prematurely due to the reckless actions of a negligent party. Some of the most common include:
- Motor vehicle accidents: Anytime someone gets behind the wheel of an automobile or navigates the roadway by foot, bicycle, or motorbike alongside them, they run the risk of being fatally wounded in a car accident. According to the Insurance Institute for Highway Safety (IIHS), our state had 906 car crash fatalities in 2022.
- Medical malpractice: More than 100,000 Americans die or are permanently disabled in the United States each year due to medical mistakes, making it the third-leading cause of death. A doctor or nurse administering the wrong dosage of a medication to a patient could be fatal. Similarly, an obstetrician’s failure to adequately monitor a pregnant mother could easily result in her baby being deprived of oxygen, resulting in their death. These are just two examples of medical malpractice that can unnecessarily claim Louisiana residents’ lives.
- Dangerous property situations: Owners often know that their premises are unsafe yet do nothing to remedy how hazardous they are. Slips and falls, assaults or shootings, drownings, and other fatal accidents may occur because of this, warranting the filing of a wrongful death claim.
- Use of a defective product: Designers, manufacturers, and advertisers must ensure that the products they release on the market are safe and that consumers are warned of any potential dangers they could pose if used incorrectly or by certain populations. 12.7 million people were treated in emergency departments for injuries attributable to dangerous product use in 2019, according to the National Safety Council.
- Workplace accidents and occupational illnesses: Most of us expect our employers to take necessary measures to keep us safe; however, some companies cut corners to save time and money. Repeated exposure to toxic chemicals, bacteria, and other substances, like asbestos, can accumulate over time, eventually causing someone’s death. Faulty machinery, the inadequate provision of safety equipment, and other types of employer oversight can also leave workers vulnerable to suffering fatal workplace accidents.
Proving Liability for a Wrongful Death Case
There are three key elements that wrongful death attorneys look for when evaluating a case to determine liability. These include:
- The alleged at-fault party owed the decedent a duty of care.
- The at-fault party, through negligence or action, failed to uphold that duty of care.
- The party’s negligence directly resulted in your loved one’s loss of life.
If you can establish these elements outlined above, your personal injury attorney will likely determine that you meet the standards to proceed with filing a wrongful death lawsuit. You will want to discuss the specifics of your case with a Baton Rouge wrongful death lawyer.
Damages You Can Recover
There are three types of damages plaintiffs can recover by filing wrongful death claims:
- Economic damages: Funeral and burial expenses and lost wages are common economic losses. Medical expenses incurred for the treatment of your loved one’s injuries may also be claimed.
- Noneconomic damages: These damages, often recoverable by filing a survival claim, allow you to seek compensation for emotional distress and losses of a loved one’s companionship, support, and guidance.
- Punitive damages: These punitive damages are awarded by a Louisiana judge in certain cases. For example, if an intoxicated motorist struck and killed someone, then the family member could be awarded punitive damages.
A wrongful death settlement isn’t guaranteed. Your ability to recover compensation is only as good as the strength of your case and how experienced your Baton Rouge attorney is in pushing back against insurance adjusters when they try to deny liability or offer you lowball compensation.
Wrongful Death Laws in Louisiana
Not just anyone can file a wrongful death suit against the other party responsible for causing a fatal accident. The same statute referenced above, Louisiana Civil Code Art. 2315.2, also outlines who can file a wrongful death action.
If you’re a surviving spouse and the decedent’s child, Louisiana law gives you priority in filing a wrongful death claim. (Adopted children are seen as having equal legal rights to biological children.)
If the decedent wasn’t married or didn’t have children at the time of their wrongful death, then the right to file a wrongful death claim passes on to the deceased person’s surviving parents. If the victim’s parents are no longer alive, the decedent’s surviving siblings can file the wrongful death action.
A personal representative of the deceased’s estate can also file a wrongful death lawsuit, with or without the assistance of an attorney, if the victim doesn’t have any surviving family members when they pass.
Statute of Limitations for Filing a Louisiana Wrongful Death Lawsuit
Louisiana CC Art. 2315.2 outlines how the one-year statute of limitations that applies to personal injury matters also applies to wrongful death cases.
If you neglect to file the wrongful death case within that one-year window, then your ability to do so (and seek any compensation) is likely to be rejected by the courts.
There are also cases where a person suffers life-threatening injuries or illnesses and endures significant pain but doesn’t immediately die. In these cases, the Louisiana wrongful death statute begins counting down from the time that death occurs instead of from when they first became injured or ill.
Why You Need a Baton Rouge Wrongful Death Lawyer
At Bianca | Matkins, we understand that few things are more painful than losing a loved one unexpectedly. Even so, the last thing you want to do is to wait for the dust to settle before trying to recover compensation after your family member has died.
Moving aggressively to hold responsible parties accountable for their negligent action after a loved one dies may be the only way to preserve the rights of you, your children, or any other eligible family member.
Still, it’s completely understandable that you need time to grieve your loss, and that’s why it’s in your best interest to turn the handling of your wrongful death claim over to an experienced attorney.
Our Baton Rouge wrongful death lawyer is ready to discuss the personal injury event that led to the loss of your loved one, as well as any economic or noneconomic losses that you’ve sustained or may incur in the future because of their passing.
Contact us today to schedule a free consultation to discuss filing a wrongful death or survival action.
