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Who Can File A Wrongful Death Lawsuit in Louisiana?

A wrongful death claim is any case in which someone is killed due to the negligence or recklessness of another. While the state may criminally prosecute the responsible party, a civil wrongful death suit can also be brought by surviving family members of the deceased. Under Louisiana law, certain family members are allowed to file…

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Do I Have a Wrongful Death Case?

If your family member was killed due to someone else’s negligence, you could have a wrongful death case. In Louisiana, negligence is defined as the failure of a person or entity to exercise appropriate care in their dealings with others. Examples of negligence that could lead to a wrongful death claim include, but aren’t limited…

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How Long Do I Have to Make a Wrongful Death Claim?

The Louisiana civil code defines a statute of limitations of one year past the original death to file a wrongful death claim. It also stipulates a specific set and order of relatives who can file a claim: The deceased’s surviving children or spouse If there are no children or spouse, the deceased’s surviving parents If…

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How Is a Wrongful Death Lawsuit Different from a Personal Injury Case?

A personal injury claim is the result of someone being injured due to someone else’s negligence. Wrongful death lawsuits generally would have been a personal injury claim, had the victim survived. Thus, the main difference between a personal injury case and a wrongful death case is who files the claim—since a wrongful death victim can’t…

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How Do You Prove a Wrongful Death Claim?

In order to prove a wrongful death case, plaintiffs generally need to prove the following four facts: The death was caused by the defendant’s negligence, recklessness, or intentional act The defendant owed the victim a duty of care, and they breached that duty through their actions or inactions. This duty can include a doctor’s responsibility…

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What Wrongful Death Damages Can We Recover?

While the specific damages vary with each wrongful death case, common damages sought by the families of wrongful death victims in Louisiana include the following: Medical expenses the victim incurred before they died Funeral and burial expenses Loss of the deceased’s future income and future work-based benefits Loss of companionship or parental guidance Loss of…

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How Long Does a Wrongful Death Case Take?

Every wrongful death case is different, and their lengths can vary widely. Some wrongful death cases can resolve in less than a year, while others can take years to settle, or even go to trial. When bringing a wrongful death claim, be prepared for all of these outcomes, and be sure to hire a knowledgeable…

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How Much Will a Wrongful Death Suit Cost?

While we can’t answer for other law firms, when you hire Gordon McKernan Injury Attorneys for your Louisiana wrongful death case, we promise not to charge you unless we win. That’s the basis of our —if we don’t win, we won’t charge you a dime. No costs, no expenses, and no fees whatsoever. We know…

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When Should I Call a Lawyer Regarding My Wrongful Death Case?

As soon as you can after your relative’s death, give Gordon McKernan Injury Attorneys a call at for a free consultation. You’ll talk to an experienced personal injury lawyer, who’ll listen to what happened and provide consolation and legal advice. We’ll get started right away on filing legal motions, collecting evidence, and negotiating your case.…

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