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Is It Possible to File a Wrongful Death Claim If the Victim Was Partially At-Fault? Alexandria Accident Lawyer Has the Answer

Louisiana is a pure comparative negligence state, which means that in wrongful death cases, the court will modify damage awards based on each party’s percentage of fault. The only exception to this rule is intentional tort cases, pursuant to Louisiana Laws Civil Code CC 2323.

For instance, let’s assume that a driver does not signal before changing lanes and gets rear-ended by an 18-wheeler that was speeding. The driver in the first vehicle dies. The spouse of the deceased files a wrongful death lawsuit, and the court awards $500,000 in damages but finds that the deceased was 20 percent at-fault for the collision. In this scenario, the recovery would be limited to $400,000.

As you can see, even if a person is partially at-fault for his or her own death, it may still be possible to recover compensation in a wrongful death claim.

Unfortunately, recovering a fair payout in wrongful death cases often involves an uphill legal battle. This is especially true if the defendant argues that the deceased was partially at-fault for his or her own death.

If your loved one died due to another person’s negligence, you should not have to pay for medical expenses, lost income, and funeral costs out of your own pocket. Turn to Laborde Earles Law Firm for legal guidance.

Our lawyers have 100 years of combined legal experience. Call 800-522-6733 today to schedule a free consultation with a personal injury attorney in Alexandria.

Read on to learn the answers to three frequently asked questions about wrongful death claims in Louisiana:

  1. What economic damages can I pursue in a wrongful death claim?

In the state of Louisiana, the following economic damages may be recoverable in a wrongful death claim:

  • Medical expenses incurred by the deceased between the final injury or illness and his or her death;
  • Funeral and burial expenses;
  • Lost income and benefits; and
  • Property damage.
  1. Is it possible to recover damages for emotional distress?

Yes. In the state of Louisiana, it is possible to recover compensation for loss of companionship, affection, love, comfort, moral support, solace, and society.

  1. If my family member lived for a long time after his or her final injury or illness, is it still possible to file a wrongful death claim?

Yes. There are two causes of action in such a scenario: a survival claim and a wrongful death claim. In a survival claim, the plaintiff may be able to recover compensation for pain, suffering, and other damages incurred by the deceased between the final injury or illness and his or her death. Once the victim dies, surviving family members can pursue compensation in a wrongful death claim.

If your loved one was a victim of wrongful death, contact Laborde Earles Law Firm to discuss your case. Call 800-522-6733 to schedule a free initial consultation with an accident lawyer in Alexandria.