When a loved one passes away unexpectedly due to the negligent or wrongful actions of another, you may feel angry, confused, heartbroken, and helpless. In this tragic situation, you may want to consider contacting our firm to ask an Alexandria wrongful death lawyer for help.
You could have a claim for wrongful death damages as a result of your loved one’s death. The best way to know for sure is to consult with our team about hiring an experienced attorney who knows how to handle personal injury cases with compassion and discretion. We offer free consultations, so there is no risk in reaching out.
Wrongful Death Laws in Louisiana
As with personal injury, a number of state laws outline wrongful death and the process of seeking damages. To have a successful claim or lawsuit, you must follow any statutes regarding who can file, filing deadlines, and percentage of fault. First, however, it’s important to understand what qualifies as wrongful death in Louisiana.
Defining Wrongful Death
A wrongful death may occur whenever someone commits negligent, reckless, or intentional misconduct that results in another’s death. Wrongful death actions can arise from a wide variety of circumstances—essentially, any scenario that, had the victim survived, would have been grounds for a personal injury lawsuit. For example, some of the cases our firm handles include:
- Traffic collisions
- Maritime accidents
- Medical negligence
An Alexandria wrongful death lawyer from our team could help evaluate the accident that led to a loved one’s death and represent surviving family members’ interests if there is a legally valid wrongful death action.
Qualifying for Wrongful Death Damages in Alexandria
Pursuant to Louisiana Civil Code (CC) §2315.2, certain family members of a deceased individual may file wrongful death claims. This can allow them to recover damages as a result of the wrongful death of their loved one. In this state, both a surviving spouse and/or child have first priority in bringing such an action forward.
If there is no surviving spouse or child, the right to bring a wrongful death action then defaults to the following family members, listed in order of priority:
- Surviving parents
- Surviving brothers and sisters
- Surviving grandparents
The statute also provides that the right to bring a wrongful death claim can be inherited. However, inheriting that right does not impact the statute of limitations under CC §2315.1, which states that any such action must be brought within one year from the death of the deceased.
Comparative Fault in Wrongful Death Claims
Louisiana is a pure comparative negligence state, which means that even if a deceased individual was partially at fault for their wrongful death, their surviving family can still potentially recover for their losses from other responsible parties.
Under the legal theory of pure comparative negligence, the surviving family members of the deceased can recover compensation in a reduced amount that is proportionate to the decedent’s responsibility for the accident. For example, if the deceased person is adjudged to be 30% at fault for the accident that led to their death, their surviving family can recover only 70% of their total losses.
Furthermore, there is no amount of fault that would disqualify someone from being eligible to seek recovery in Louisiana—even someone who is 99% at fault could recover damages, although they would only be eligible to receive 1% of their total award.
For a free legal consultation with a wrongful death lawyer serving Alexandria, call (318) 777-7777
Why You Should Consider Hiring Laborde Earles Injury Lawyers for Your Case
Our team offers over 100 years of combined experience and a wealth of legal services at no out-of-pocket cost so that the idea of attorney’s fees doesn’t keep you from seeking support. When we sign onto a case, we take over every aspect and charge nothing unless we produce positive results for you.
If we succeed, we accept a percentage of the settlement or verdict, which we outline during our free consultation. Having this fee structure means we will do our very best to secure your compensation by:
- Collecting strong evidence of fault
- Building a case that proves liability
- Calculating the precise amount of damages you qualify to recover and backing this up with additional evidence
- Representing your family throughout the case, from filing the paperwork and answering questions on your behalf to negotiating and fighting for you in court
- Identifying laws that support your case and refuting attempts to place any blame on your family member
By handling these and other legal tasks for you, we hope to make the financial recovery process as smooth as possible and secure damages for your family.
Alexandria Wrongful Death Lawyer Near Me (318) 777-7777
Damages Available in Wrongful Death Actions
Although no amount of money can bring loved ones back to their families, compensation can bring about closure and peace of mind to some extent. It can address some of the unexpected expenses that resulted from the death, which otherwise may bring financial harm to surviving family members.
Wrongful death actions can also hold those individuals who wrongfully caused another’s death responsible for their actions. Potential damages in a wrongful death lawsuit include the following:
- Medical expenses incurred prior to death
- Funeral and burial expenses
- Loss of current and future income
- Loss of family support and services
- Emotional pain and suffering
While no two situations are the same, a successful wrongful death claim spearheaded by a skilled wrongful death lawyer from our team in Alexandria may result in compensation for some or all the listed damages.
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You Can Hire a Rapides Parish Wrongful Death Lawyer Through our Firm
In addition to handling wrongful death cases in Alexandria, our team at Laborde Earles Injury Lawyers also serves families in the surrounding communities of Rapides Parish. Our Alexandria office is located on Versailles Boulevard and is ready to offer your complimentary case assessment today.
What is a Wrongful Death Claim?
A wrongful death claim pursues compensation for a death caused by the negligence of another party. These claims could arise from an accident, negligence, or willful and reckless actions by another person, entity, or even corporation.
Wrongful death claims can be complicated, and determining the responsible party could be the most difficult part of a case. It may be best to speak to a representative from our law firm to determine whether an individual claim has legal merit. We could assign a dedicated wrongful death attorney to your case in Rapides Parish.
Who Can Bring a Wrongful Death Lawsuit in Rapides Parish?
As detailed in Louisiana Civil Code Article 2315.2, only certain parties to the deceased may bring a wrongful death lawsuit. These parties include, in order of priority:
- One or all of the following: the surviving spouse, child, or children of the deceased
- The surviving father and mother of the deceased, if no living spouse or children exist
- Surviving brothers and sisters of the deceased, if the deceased left no spouse, child, or parent surviving
- The surviving grandparents of the deceased
Consulting with legal counsel could help families and loved ones determine the appropriate party to bring about a claim.
Compensable Damages for Wrongful Death
The decedent’s family and estate may be entitled to recover both economic and non-economic damages in a wrongful death lawsuit. These recoverable damages represent a monetary valuation for the losses they suffered.
Economic damages for wrongful death often encompass objective financial losses, such as funeral and burial bills, medical expenses, and loss of income and benefits. Non-economic damages may include the loss of care, companionship, guidance, and emotional support suffered by the decedent’s family members as a result of the premature death.
These latter damages are usually difficult to quantify, but a wrongful death lawyer from our team in Rapides Parish could help calculate a fair value for them based on the circumstances.
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Seek Professional Help with an Alexandria Wrongful Death Attorney Today
If you are entitled to compensation, you should strongly consider exploring the possibilities for bringing a wrongful death claim or lawsuit in your particular situation. When you feel you are ready to do so, reach out to Laborde Earles Injury Lawyers for a complimentary case evaluation at (318) 777-7777.
Call or text (318) 777-7777 or complete a Free Case Evaluation form
