Wrongful Death Attorneys in Monroe

Losing a loved one due to an accident, illness, or injury is truly one of the worst experiences you can have. If this has happened to you, you have our sincerest condolences and prayers during your time of grief. At Gordon McKernan Injury Attorneys, we understand that a fatal accident can leave you stunned and grieving your loss, with an empty space that feels as though it will never be filled.

If that accident was the result of another’s carelessness, you could be feeling deep anger or other strong emotions. While nothing can take away the immense pain of losing a loved one, the personal injury attorneys in Monroe with Gordon McKernan Injury Attorneys are here for you when you’re ready to pursue damages. Until then, you have our deepest sympathy.

What Qualifies As Wrongful Death?

Someone who dies as a result of someone else’s neglect or carelessness has suffered a wrongful death. When this happens, their surviving family can file a wrongful death claim to seek justice on their behalf. In these cases, a representative of the deceased’s estate will be appointed to represent their interests in the proceedings.

Not all accidental deaths qualify for wrongful death suits. It’s important to hire an experienced wrongful death attorney to represent your loved one and give you legal advice in the proceedings to come.

Louisiana Law Defines Who Can File a Wrongful Death Claim

After a wrongful death, Louisiana Civil Code §2315.2 specifies which family members may file suit to recover damages (each of these relationships can also be via adoption):

• The surviving spouse or children of the deceased or
• The surviving parents of the deceased, if their spouse and children have died or
• The surviving siblings of the deceased, if their spouse, children, and parents have died or
• The surviving grandparents of the deceased, if their spouse, children, parents, and siblings have died

Louisiana law also defines a one-year statute of limitations on bringing wrongful death claims. The right of action in the is heritable, that is, it can be passed on in the event of a death. However, the same year-long statute of limitations applies—meaning that any suit will need to be brought within a year of the original death.

Accidents Leading to Wrongful Death in Monroe

Wrongful death is defined in Louisiana statute as when “a person dies due to the fault of another.” The liable party in a wrongful death case can be either an individual, or an entity like a corporation or government. Wrongful deaths can be caused by a variety of factors, including

• Complications of childbirth
• Medical malpractice
• Car accidents, truck accidents, and motorcycle accidents
• Defective products
• Slips and falls and other premises accidents
• Occupational exposure or hazards
• Neglect and abuse in nursing homes or assisted living care facilities
• Criminal acts, such as stabbings, shootings, or other violent acts

Wrongful Death Damages

A wrongful death claim in Louisiana can result in three types of damages awarded to the plaintiff: economic damages, non-economic damages, and punitive damages.

• Economic Damages refer to monetary costs incurred by surviving family, including medical bills, funeral costs, loss of future income or benefits the deceased would have provided, or loss of inheritance.
• Non-economic Damages are those losses without monetary value, such as pain and suffering (also known as a survival claim), loss of companionship, loss of consortium, or lost enjoyment of life.
• Punitive Damages, generally only awarded during cases of extreme negligence, are awarded to punish the defendant and deter them from the behavior leading to the wrongful death.

Proving Liability in a Monroe Wrongful Death Claim

Similar to other personal injury claims, the plaintiff in a wrongful death case must prove four separate elements of the defendant’s neglect to hold them liable:

• Negligence: the plaintiff and their lawyer must prove their relative’s death was caused by the negligent actions of the defendant, either in whole or in part.
• Breach of duty: The defendant must have owed a duty of care to the victim, and have breached that duty. For example, doctors have a duty to their patients’ health, and everyone on the road has a duty to keep other drivers safe by following traffic laws.
• Causation: The defendant’s breach of duty must have led to the victim’s death—either completely or partly.
• Damages: Finally, the plaintiff must prove that the death of their loved one caused them damages, either economic or non-economic.

Proving each of these in court requires strong and convincing evidence. You might need to call expert witnesses to testify as to the facts of the case as well. A wrongful death lawyer in Monroe can find and call these witnesses, discover other evidence to present, and help you prove your wrongful death claim.

When Should I Call a Monroe Wrongful Death Lawyer?

After your loved one or family member has been killed in an accident, you’re probably experiencing a number of emotions: grief, frustration, even anger. You deserve answers for their death, and you deserve compensation for your unfathomable loss. Gordon McKernan Injury Attorneys understand that no amount of money can bring back your loved one, but a wrongful death settlement can help you pick up the pieces and continue your life.

If you’re mourning a loved one’s wrongful death, call the Louisiana wrongful death attorneys in Monroe at Gordon McKernan Injury Attorneys today. We offer free consultations at 318.716.3888, and will listen to your case and provide consolation. We’ll get started on your case right away. You won’t have to pay us a dime until we win, that’s the G Guarantee.