CC Art. 2315.2 details who can get money from a wrongful death lawsuit in Louisiana. Potential recipients, listed by their relationship to the deceased, include:
- A spouse
Unique circumstances will affect who is eligible to pursue a wrongful death action.
Who Is Most Entitled to Compensation?
CC Art. 2315.2 notes that certain loved ones have priority after a wrongful death. Specifically, the spouse and children of a loved one have the foremost priority. If the deceased had no spouse or children, then other family members may receive compensation.
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What Qualifies As a Wrongful Death?
The Legal Information Institute (LII) notes that wrongful death is:
- Either accidental or intentional; or
- Caused by one’s wrongful action
Negligence is generally the standard for wrongful death. Per the American Bar Association (ABA), someone is negligent when:
- They have a duty to act reasonably.
- Their actions or failures to act are unreasonable.
- Their unreasonable actions cause harm, including a wrongful death.
If your loved one’s death came under these circumstances, then you may qualify to bring a wrongful death action.
What Losses does a Wrongful Death Lawsuit Cover?
A successful wrongful death lawsuit may cover:
- The deceased’s medical expenses
- Past and future loss of income
- Loss of other financial protection other than income
- Funeral expenses
- Loss of spousal companionship
- Loss of parental support and guidance
- Pain and suffering
- Legal fees for the execution of an estate
- Any property damage related to a wrongful death
We can identify your losses by reviewing the specifics of your case.
How Much is a Wrongful Death Lawsuit Worth?
Every wrongful death case causes different damages. We cannot say for certain how much your wrongful death lawsuit is worth until:
- We understand how your loved one’s death occurred.
- We know how the wrongful death has affected you.
- We calculate the value of your losses.
- We determine the share of liability for your loved one’s death.
We will negotiate for the settlement that you deserve.
What Are the Possible Outcomes of a Wrongful Death Lawsuit?
There are generally two possible outcomes of a wrongful death lawsuit:
- A settlement
- A judgment
A settlement results from negotiations, while a judgment is a conclusion to a trial. Per the ABA, most civil cases (including wrongful death lawsuits) result in a settlement.
Why are Settlements the Common Result of Wrongful Death Lawsuits?
We may settle your case because:
- A settlement provides control over your final compensation.
- Settling is generally quicker than going to trial.
- Going to trial comes with certain risks.
- Going to trial can cause additional costs.
For these reasons, we fight hard for a settlement. However, we take cases to trial when we need to.
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How Can Our Firm Help with Your Wrongful Death Lawsuit?
We can explain who should get money for your wrongful death lawsuit. Our firm can also:
Pinpoint Liable Parties
We will identify any parties who contributed to your loved one’s death. This includes those who:
- Had a duty of care to your loved one
- Breached their duty of care through unreasonable behavior
- Caused or contributed to your loved one’s death
- Are responsible for the losses caused by your loved one’s death
Negligent parties may not be the only defendants in your case. We will identify anyone else who has liability. This can include employers whose employees cause wrongful death.
Handle All Legal Duties
Our firm handles the daily responsibilities of your case. This includes:
- Creating and filing legal documents
- Handling case-related communications
- Gathering and organizing evidence
- Monitoring the progress of your case in the legal system
- Making appearances on your behalf
- Updating you about your case
Our firm takes care of your wrongful death suit from beginning to end.
Experts can be key to your wrongful death lawsuit. They may:
- Confirm that your loved one’s death was preventable
- Explain the technical features of your case
- Reconstruct your loved one’s accident
- Testify on your behalf
We deal with the hiring and payment of such experts.
Seek a Fair Financial Outcome for You
We seek fair compensation for you, whether through a settlement or judgment. We will complete settlement negotiations. If they are not successful, we will complete a trial.
How Much does it Cost to Hire a Lawyer for Your Wrongful Death Case?
You can hire our firm for a contingency fee, which means you do not pay anything up front or out of your own pocket. You pay us only if we win. At that point, we receive a percentage of your settlement or judgment.
Call Laborde Earles Injury Lawyers for a Free Consultation
Laborde Earles Injury Lawyers has recovered more than $200 million for our clients. We are on your side after your loved one’s death, and will oversee your case while you focus on your emotional recovery.
Consultations are free and come with no obligation. Call Laborde Earles Injury Lawyers today at (337) 777-7777 to complete your free case review.