Baton Rouge Wrongful Death Accident Lawyer

Losing a loved one is always difficult, no matter the circumstance. When it happens due to the reckless or negligent actions of another person, it is hard to understand the reason for it. As a surviving family member, you have the right to recover damages for your loss. 

A Baton Rouge wrongful death accident lawyer can help you file a wrongful death claim or lawsuit against the negligent party. We’ll fight for the compensation you and your family deserve after enduring such an unexpected hardship. 

At Laborde Earles, we’ve recovered over $1 billion in awards and damages for injured victims and their families. If we don’t win, you don’t pay. Contact us today and find out how our Baton Rouge personal injury lawyers can help.  

What Is a Wrongful Death Case?

In Louisicana, when a person dies due to the fault of another person, it is considered a wrongful death. If you meet the criteria as a member of the deceased person’s family, you can bring a suit against the liable parties and seek compensation. 

Many personal injury cases can become wrongful death cases if the victim passes away for reasons related to the accident. Common accidents that result in wrongful deaths include:

• Major car accidents
• Truck accidents
• Medical malpractice
• Drunk driving accidents
• Pedestrian accidents
• Construction accidents
• Motorcycle accidents

Our Baton Rouge wrongful death accident attorneys can help you understand your rights and choose the best way to seek compensation for your loss. 

How Much Is a Baton Rouge Wrongful Death Case Worth?

Your attorney will analyze your case to establish which damages apply and determine your maximum compensation. We can then negotiate with insurance companies for a fair settlement or pursue legal action if necessary. 

Your possible damages are categorized as the following:

Economic Damages

Economic damages cover the financial costs and losses that the surviving family members face because of their loved one’s death. 

• Medical costs: Your loved one may have received treatment for their injuries before passing away. You may be able to recover damages for these medical expenses.
• Funeral expenses: Compensation will also cover the cost of laying the deceased to rest. 
• Lost wages: Your family member can no longer provide financially, and this can leave you destitute. Thus, you can recover damages for lost wages.

Other financial costs may not be as evident as medical and funeral costs. A lawyer from our firm can ensure you don’t leave any economic losses out.

Non-Economic Damages

In the aftermath of your loved one’s death, you are also faced with the emotional consequences of their untimely passing. Non-economic damages seek to compensate eligible family members for such intangible losses. This could include:

• Pain and suffering
• Emotional distress
• Mental anguish
• Loss of companionship and guidance

Spouses may be able to recover damages for the loss of consortium. It covers the loss of companionship, care, and intimacy that the surviving spouse faces.

Punitive Damages

In specific situations, the court can award punitive damages if the liable party’s actions were egregiously negligent, reckless, or illegal. The defendant pays punitive damages as a form of punishment and deterrence against similar acts in the future. 

Who Can File a Wrongful Death Claim in East Baton Rouge Parish?

The law in Louisiana outlines which surviving family members can file a wrongful death suit and in which order:

• The decedent’s surviving spouse or children
• The father or mother if the deceased does not have a spouse or children
• Brothers and sisters, if the deceased’s parents are not still living
• Surviving grandparents, if none of the above relatives are applicable

Proving Negligence in a Wrongful Death Claim

For a successful wrongful death claim, you must prove that the defendant demonstrated negligence. To prove negligence, you must prove that:

• The other party owed your loved one a duty of care
• The defendant violated their duty of care
• The defendant’s actions led to the deceased’s eventual passing
• The death of the deceased resulted in damages

Your Baton Rouge wrongful death accident lawyer can gather credible evidence to prove the defendant’s negligence. This evidence can come from witness testimonies, video footage, and medical files. Our lawyers can obtain quality evidence to build the case and thus help you settle or win it.

How Long Does a Wrongful Death Case Take?

Every wrongful death case is different. Some may take a short time to settle, while others take a longer time. Negotiations with the other party can impact how long your case takes. If they are cooperative, you can settle in a relatively shorter time.

Sometimes, settling is not possible. Then, a personal representative of the deceased will have to file a wrongful death lawsuit. Negotiations may continue while the case is in court, and you can still reach an agreement.

Your lawyer can take care of negotiations with the defense. If the case must proceed to court, we can represent you.

Contact a Baton Rouge Wrongful Death Accident Attorney

If you think your loved one’s death happened because of another person’s recklessness, negligence, or illegal behavior, you have a right to be angry. Other emotions, such as grief, will come as well, and that can make choosing the best course of action challenging. 

In these difficult times, you need an ally who will hold the liable party accountable and help you recover the compensation you and your family deserve. Our Baton Rouge wrongful death accident attorneys can investigate the case and advocate for your rights. 

At Laborde Earles, our team has over 350 years of combined experience with personal injury cases. You can have the peace of mind of knowing we’re on your side and advocating on your behalf. Contact us today to schedule a free consultation and find out how we can help.