The death of a family member can have a tremendous impact on anyone’s life. Beyond taking time and space to recover from a traumatic loss, losing a loved one can lead to a negative financial impact. Fortunately, you may be eligible to receive compensation if your loved one lost their life due to someone else’s negligence.
If you lost a loved one in an accident, you may want to reach out to the Morris Bart law firm today. A Baton Rouge wrongful death lawyer from our firm may be able to represent you in settlement negotiations or a wrongful death lawsuit.
What Counts as Wrongful Death?
Many different types of accidents could result in a wrongful death case in Louisiana. A Baton Rouge wrongful death lawyer may be able to step in to help you seek compensation if you lost a loved one due to injuries sustained in a:
Motor Vehicle Collision
Car accidents may have very serious consequences. Collisions involving cars, trucks, vans, and motorcycles are frequently deadly. Sometimes, major car accidents even result in multiple fatalities.
We all count on medical professionals to provide us with comprehensive care when we become hurt or ill. Unfortunately, sometimes acts of medical malpractice occur. You may be able to file a wrongful death claim if a medical professional failed to uphold their duty of care to your family member.
On-the-job accidents are a risk faced by individuals in all career fields in Baton Rouge. However, some careers, like construction, may be especially dangerous. We may be able to help if your family member died in a job-site accident.
Defective Product Accident
Sometimes, products that are put on the market and sold contain major defects. These defects could result in serious accidents and even fatalities, in some cases. You may have legal options if a defective product led to your family member’s death.
These are not the only type of accidents that could give rise to a wrongful death lawsuit. If you believe that another party’s negligence caused your loved one’s death under any circumstances, contact a Baton Rouge personal injury attorney today.
For a free legal consultation with a Wrongful Death lawyer serving Baton Rouge, call 800-537-8185
Who Can File a Wrongful Death Claim in Louisiana?
According to Civil Code (CC) Article 2315.2, only certain individuals qualify for a wrongful death lawsuit in Louisiana. Generally, you must be a close family member to file a wrongful death claim. You may be able to file a claim if:
- You lost your spouse or parent.
- You lost your child, if they had no surviving spouse or children.
- You lost your sibling, if they had no surviving spouse, children, or parents.
- You lost your grandchild, if they had no surviving spouse, children, parents, or siblings.
Note that the state of Louisiana grants wrongful death benefits to family members who were adopted as well as family members by blood.
Types of Compensation Offered by a Wrongful Death Claim
Wrongful death claims in Baton Rouge offer very specific types of compensation. You may be able to seek economic damages in some cases. Economic damages relate directly to financial losses that have a clear monetary value, such as:
- Funeral and burial expenses
- Medical expenses related to the accident that occurred prior to death
- Income your loved one would have earned had they survived
In some situations, you could also be eligible to receive non-economic compensation. This form of compensation is designed to cover losses that may not have a clear-cut monetary value. For example, the loss of companionship or pain and suffering may be considered non-economic losses.
How a Baton Rouge Wrongful Death Lawyer Can Prove Fault in a Wrongful Death Case
Wrongful death claims may only be used in specific situations in Baton Rouge. Generally, in order to get compensation for the loss of your family member, you must show that:
- Someone else took a negligent action
- This action led to an accident
- The accident led to the death of your loved one
When you work with a Baton Rouge personal injury lawyer, we can investigate the facts surrounding the accident and gather evidence of the responsible party’s liability.
We can then file a claim against the insurance company representing the party responsible for the accident. If they are unwilling to make you a fair settlement offer, we can take your case to trial and defend your rights before a judge or jury.
What If My Loved One Was Partially at Fault?
In Louisiana, personal injury claims are often decided on the basis of comparative fault, as outlined by CC Article 2323. That means that if someone who is the victim of an accident is even partially at fault, their financial compensation can be reduced.
Even if your loved one was partially at fault for their accident, you still may be eligible for some compensation. The payment for a claim is usually portioned by percentages, according to each party’s percentage of fault. If a judge finds the negligent party 70% at fault and your loved one 30% at fault, then you could receive 70% of your settlement.
Comparative fault means proving fault in your case is of the utmost importance. You deserve the best settlement possible so funeral expenses and medical costs don’t bog you down. Our firm’s wrongful death attorneys in Baton Rouge have the experience and skill to handle your case.
Get Help from a Wrongful Death Attorney in Baton Rouge Today
You do not need to face a wrongful death lawsuit alone. A Baton Rouge wrongful death lawyer from the Morris Bart law firm may be able to handle your case for you. Allow us to focus on your family’s legal needs during this challenging time.
It’s important to know that time is limited to recover compensation in a wrongful death case in Baton Rouge. You generally have only one year to file a wrongful death lawsuit in Louisiana. For a free consultation on your case with a member of our team, contact us today.
to find a Morris Bart office near you.