In this article, you can discover…
- Who is eligible to file a wrongful death claim in Louisiana.
- How much time you have to file a wrongful death claim.
- Factors impacting the value of a wrongful death case.
What Is A Wrongful Death Claim, And Who Is Eligible To File One In Louisiana?
A wrongful death claim is a claim filed when someone has died due to the negligence of another party. Wrongful death claims can involve situations such as car accidents, workplace deaths, surgical errors, or errors in administering medication. In Louisiana, certain beneficiaries are entitled to bring a wrongful death claim on behalf of a deceased person.
The first class of beneficiaries are the surviving spouse and / or children. If the surviving spouse and / or children are still alive at the time that the wrongful death occurred, they would be entitled to bring an action on their loved one’s behalf.
If there’s no surviving spouse or surviving children, then the next class of beneficiaries would be the mother and father of the deceased person, if they are still alive.
If there’s no currently living mother or father, then the third and final class of beneficiaries who could bring a wrongful death claim would be any surviving brothers and or sisters of the deceased person.
What Kind Of Claims Can Be Brought In A Wrongful Death Case?
The wrongful death claim would be for any economic and emotional losses the beneficiaries have suffered due to the wrongful death. These would include a loss of love and affection, loss of income, loss of services, any medical expenses involved with the wrongful death, including funeral expenses for the deceased person.
As a beneficiary, you could also bring a survival claim, which is a claim for the pain and suffering that the deceased endured between when the wrongful event occurred and their actual death.
For example, if a person is involved in an auto accident and was hospitalized for six weeks before ultimately passing away from their injuries., a survival claim would seek compensation for the physical pain and suffering that person endured after the accident until the time they passed away.
How Long Do Wrongful Death Claims Generally Take To Resolve From Start To Finish?
A wrongful death suit filed in Louisiana state court generally takes three to four years to fully resolve, from the time you and your attorney file your lawsuit to the time the case is resolved, either through trial or settlement.
If you file your claim in a federal court, those cases usually proceed much quicker.
How Much Time Do I Have To File A Wrongful Death Claim In Louisiana?
You have one year from the date of death to file a claim on behalf of your loved one.
How Much Is A Wrongful Death Case Worth?
One of the factors that affect the value of a wrongful death case is your relationship with the deceased. If you file a wrongful death lawsuit on behalf of a parent, but you had a very strained, distant relationship, the claim would be worth less than if you had a strong, warm relationship and were in contact frequently.
When filing a survival claim, the amount of time someone suffered before they died will impact the worth of the case. For example, if your loved one suffered for weeks in a hospital, their pain and suffering would be worth more than if they had died on impact in an auto accident.
Why Should I Hire A Wrongful Death Claims Attorney?
Wrongful death cases tend to be very complex and are generally contested very strenuously by the defense. To obtain damages that you and your family are entitled to, you need to have an experienced attorney who’s handled complex and difficult cases in the past.
You should also have an attorney who is able to try your case successfully in court in case if you’re not able to resolve it through a settlement.
Can You Describe A Wrongful Death Case Where You Secured A Positive Outcome Despite Difficult Odds?
I have handled several very large and complex mesothelioma cases where a person who has been exposed to asbestos has later died from mesothelioma, a disease related to asbestos exposure. These cases are often very difficult and involve many defendants, as well as complex legal and medical issues.
I have been very successful in resolving over a dozen mesothelioma cases over the last 10 years or so, and have even successfully tried a mesothelioma case approximately 10 to 12 years ago, where I was able to attain a very favorable jury verdict on behalf of the beneficiaries of the deceased client.
On A Personal Level, How Did It Feel To Secure Such Significant Wins For Your Clients In The Face Of Such Difficult Circumstances?
It’s very rewarding because, in most cases involving mesothelioma and asbestos exposure, the victim had no idea at the time that the products they handled would lead to their untimely deaths, sometimes 20 or 30 years later.
It feels wonderful to get justice for those people on behalf of their beneficiaries, even though they’re not here to personally achieve this result. It helps to, in some small way, salve the wounds of the family who have lost their loved ones due to their exposure to these products.
For more information on Wrongful Death Claims In Louisiana, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (504) 581-6411 today.