Losing a Loved One Due to Negligence
The unexpected loss of a loved one is one of the most painful experiences a family can face—especially when that loss is the result of someone else’s negligent or reckless behavior. In Louisiana, surviving family members may file a wrongful death lawsuit to pursue justice, hold the responsible party accountable, and obtain financial compensation for their loved one’s untimely passing.
What Is a Wrongful Death Lawsuit?
A wrongful death claim is a civil action brought against an individual, business, or entity whose actions caused a person’s death. This type of lawsuit is meant to compensate surviving family members for the emotional and financial hardships they suffer after losing a loved one.
Common causes of wrongful death include:
- Car and truck accidents
- Medical malpractice
- Workplace accidents
- Defective products
- Dangerous property conditions
- Criminal actions such as assault or DUI
Who Can File a Wrongful Death Claim in Louisiana?
Louisiana law limits the right to file a wrongful death lawsuit to specific surviving relatives. These include, in order of priority:
- The surviving spouse and children of the deceased
- If none, the surviving parents
- If none, the surviving siblings
- If none, the surviving grandparents
If no qualifying family members exist, a wrongful death claim generally cannot be filed.
What Damages Can Be Recovered?
Though the pain of loss remains, a wrongful death case can help secure financial support for:
- Funeral and burial expenses
- Bills from medical care provided before death
- Loss of income and financial support
- Loss of companionship and emotional support
- Pain and suffering experienced by surviving family members
- Mental anguish
If the responsible party’s actions were especially reckless or deliberate, the court may also award punitive damages.
Time Limits for Filing in Louisiana
Louisiana imposes a strict one-year statute of limitations for wrongful death claims. Failing to file within one year of the death could result in losing the legal right to pursue damages. Because of this short window, it’s crucial to consult with an attorney as soon as possible.
How a Wrongful Death Lawyer Can Help
These cases typically involve complex legal processes, including gathering evidence, consulting experts, and negotiating with insurers. An experienced wrongful death lawyer can help:
- Determine who is legally liable
- Gather and preserve evidence
- Work with medical and financial experts
- Handle all communications with insurers and opposing parties
- Pursue maximum compensation for your family’s loss
Speak With a Louisiana Wrongful Death Attorney
Losing a loved one because of another person’s negligence is heartbreaking—you shouldn’t have to face it by yourself. At The Burrell Firm LLC, we are committed to helping grieving families across Louisiana hold negligent parties accountable and pursue justice.
Contact us today for a free, compassionate consultation. You can count on us to stand by your side through every stage of the process.
