When a personal injury accident victim dies, Louisiana law allows surviving family members to pursue a wrongful death case against the at-fault party. Pursuing justice in this way will enable them to hold that person or organization responsible for their loved one’s death and recover compensation for their losses.
A Houma wrongful death attorney from the Morris Bart law firm will review your family’s case for free. We will assess your legal options and explain how we can help during this complimentary consultation. We represent immediate family members in wrongful death actions based on contingency.
Seeking Damages in a Wrongful Death Action in Houma
In general, surviving family members can pursue wrongful death actions if the victim could have filed a personal injury lawsuit had they survived. This requires evidence that the at-fault party acted negligently and caused their injuries.
Like personal injury cases, we can seek compensation for the costs and losses experienced. We do this by filing an insurance claim and negotiating a settlement or suing the legally responsible party. We can ask the court for a monetary award based on the family’s damages.
Louisiana wrongful death laws limit who can pursue compensation in these cases. Generally, it is only the immediate family who can take action. This may include:
- The surviving spouse and children
- The surviving spouse
- Any surviving children
- The decedent’s surviving father and mother, or either parent individually
- Any surviving sibling if there is no spouse, children, or parent
- Surviving grandparents if there are no other surviving family members
We represent families in these claims. We can review your relationship with the decedent, learn more about their accident and death, and determine your options for taking legal action based on the case’s facts.
Recoverable Damages Will Depend on Your Family’s Losses
The value of a wrongful death case in Louisiana will depend on the damages the family suffered. However, many families can recover compensation for harm that includes:
- Medical bills
- Funeral and burial costs
- Lost income and benefits
- Loss of services
- Psychological losses surviving family members suffered because of a loved one’s death, such as loss of companionship and loss of parental guidance
For a free legal consultation with a Wrongful Death lawyer serving Houma, call (985) 900-1195
Morris Bart, LLC, Represents Surviving Families in Wrongful Death Cases
For more than 40 years, personal injury attorney Morris Bart and his team have fought to help justice for families that have lost a loved one. We know how to protect your rights and pursue a cash settlement in a wrongful death case. If necessary, we can represent you at trial and seek an award to cover your family’s economic and non-economic damages.
We Have Helped Thousands of Clients Recover Their Losses
The Morris Bart law office is a contingency fee firm. We represent our clients with no upfront fees and no retainers. We use our resources, knowledge, and experience to build your case and pursue damages for you. We only bill you for attorney’s fees if we recover compensation for you.
In 2019, we won cases for more than 6,500 clients. This included:
- Car accidents
- Truck collisions
- Bus crashes
- Boating accidents
- Slip and falls
- Trip and falls
- Dog bites
- Other premises liability incidents
- Wrongful deaths
Our attorneys are now accepting clients in Houma, Louisiana. This office is located at:
1 Church Street,
Houma, LA 70364
We can be reached at (985) 900-1195. We will come to you in Terrebonne Parish for your free consultation and other meetings as needed. You should not need to travel to our office or elsewhere unless your loved one’s injury occurred in another part of the state.
Understanding How to Prove Negligence and Liability in a Wrongful Death Case
When an accident victim pursues a case against the party who caused their injuries, they do so by proving negligence. The same is required in a wrongful death case per La. Civ. Code Art. 2315.2. We must prove four elements to show that negligence occurred:
- The at-fault party had a duty to do or not to do something to keep the victim safe.
- They failed to uphold this duty, often violating a law or acting carelessly.
- Their careless or reckless actions caused an accident or incident.
- The victim suffered injuries, in addition to financial and emotional harm.
In a wrongful death case, you will also need to show that your loved one died from their injuries, complications, or other causes before they could hold the at-fault parties responsible.
A Houma wrongful death lawyer from the Morris Bart law firm will investigate these cases to prove:
- What happened
- Who is legally responsible for the decedent’s death
- If there are any additionally liable parties
- The damages suffered
- The case’s approximate fair settlement value
Only once they have this information and understand what a just wrongful death payout will look like for the family can they file a claim or demand compensation. Our attorneys will also negotiate and fight to secure financial recovery in every case. If they cannot reach an agreement with an insurer, they will sue the at-fault party or parties.
Click to contact our Houma Personal Injury Lawyers today
Timeline in a Houma Wrongful Death Lawsuit
Like personal injury accidents, you generally have only one year to sue the at-fault parties in a wrongful death lawsuit. Most settle without needing to sue, but we need to protect your right to do so just in case.
In a personal injury case, La. Civ. Code Art. 3492 requires the clock to begin ticking on the day of the incident. In a wrongful death case, the countdown begins on the date the decedent passes away. However, some circumstances can alter this deadline. You may have less time to sue than you think. We encourage you to act quickly.
Connect with Our Attorney Today for a Free Case Consultation
If your loved one died in a Houma accident or because of their injuries, we are here to help. You may have a viable claim for compensation against those legally responsible. We provide complimentary consultations so that you can learn the strength of your case and your legal options.
Call (985) 900-1195 to speak with an attorney for free today.
Questions?Call (985) 900-1195
to find a Morris Bart office near you.
