Wrongful Death Lawyers in Alexandria
Losing a loved one or family member in an Alexandria accident is devastating, and if this has happened to you, you’re probably in the depths of grief. If their death was caused by the negligence of another, you have our sincerest condolences during this difficult time.
Wrongful death accidents are unexpected tragedies, and the family and friends left behind are often stunned and grieving. If this is you, you have a monumental task in front of you: from planning the funeral and burial and sorting through your loved one’s estate, to finding and executing their will.
While nothing can remove the pain and anguish of losing a family member, when you’re ready to hold those responsible to bear for your loved one’s death, the compassionate Alexandria personal injury lawyers at Gordon McKernan Injury Attorneys are here to help. We have extensive experience in negotiating and litigating wrongful death claims in Alexandria, and we can help you find closure for your loss. Until you’re ready, you have our deepest sympathy and condolences.
Is My Family Eligible for a Wrongful Death Claim?
Louisiana defines wrongful death as occurring when someone dies “due to the fault of another.” Their death might have been caused by that other person’s neglect, carelessness, or a violent act, or it could’ve been caused by an individual or a company or agency. After a wrongful death, the family can appoint a legal representative for the victim’s estate in the proceedings.
However, not all accidental deaths qualify for a wrongful death claim. Specifically, you and your lawyer must prove the following four points in order to seek damages for the Alexandria wrongful death of your loved one:
- Your relative’s death must have been caused, either in whole or in part, by the defendant’s negligent behavior.
- The defendant must have owed the victim a duty of care that was breached by their actions. For example, if the victim died while in the care of a medical professional that did a bad job, or if they were killed by a drunk driver.
- The defendant’s breach of duty must have contributed, either in whole or in part, to the victim’s death.
- The victim’s death must have generated enumerable damages, including economic and non-economic damages.
Proving a wrongful death claim requires strong, convincing evidence, and an experienced wrongful death lawyer. Some cases could require expert witness testimony to prove your claim. The Alexandria wrongful death lawyers with Gordon McKernan Injury Attorneys can help you find and call those witnesses, build your case, and prove your claim.
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Who Can File a Wrongful Death Claim in Alexandria?
Louisiana Civil Code §2315.2 defines which family members of a wrongful death victim have a legal right to file suit, known as the right of action. Only these family members are eligible to recovering damages in a wrongful death claim (both blood and adoptive relations count):
- The surviving spouse and children of the deceased, or
- The surviving parents of the deceased, if their spouse and children have all died, or
- The surviving siblings of the deceased, if their spouse, children, and parents have all died, or
- The surviving grandparents of the deceased, if their spouse, children, parents, and siblings have all died
Whoever brings a wrongful death claim must do so within one year of the original death, as per the law. If you fail to make a wrongful death claim in Alexandria before that date, your case might not be heard at all.
Causes of Alexandria Wrongful Death
Like much of the country, two common causes of wrongful death in Alexandria include car accidents and workplace accidents, as well as medical malpractice. Generally, a wrongful death is any case that would’ve proceeded as a personal injury case, but the victim ended up dying from their injuries.
Another danger that many Alexandrians face is violent crime: in 2020, Alexandria was the site of 22 homicides, or 14.5 out of every 100,000 people.
Generally violent crimes are first prosecuted by the state in a criminal case. Regardless of the outcome of that case, the family of the crime’s victim can sue the defendant in a wrongful death civil case. The civil case is where the family will be able to show how the defendant’s actions generated damages in their loved one’s death, and allow them to collect remuneration for those damages through court.
What Damages Can Families of Wrongful Death Victims Seek?
There are three main types of damages for plaintiffs to seek after a wrongful death case: economic, non-economic, and rarely, punitive. Each covers a specific class of damage you or your loved one has suffered in their accident:
- Economic damages are those monetary costs the family has borne after the victim’s death, including
- Medical bills
- Funeral and burial costs
- Loss of future income
- Loss of employment benefits of the deceased
- Loss of inheritance
- Non-economic damages are those considered outside of economic concerns, such as
- Pain, suffering, and emotional anguish, also known as a survival claim
- Loss of consortium or companionship with the deceased
- Loss of the enjoyment of life
- Awarding Punitive damages is rare, but when it does happen, it’s because the defendant exhibited extreme neglect or wrongdoing in their actions. These damages are intended to punish the defendant and dissuade them from being so neglectful in the future.
When Should I Call a Wrongful Death Lawyer in Alexandria?
If you’ve suffered a wrongful death in your family, you deserve answers—not only for your loved one’s memory, but for your closure. Gordon McKernan Injury Attorneys understand that no amount of money can bring them back to you, but a wrongful death settlement can help you begin putting your life back together after their loss.
Call the Louisiana wrongful death lawyers at Gordon McKernan Injury Attorneys at 318.443.8888 if you’re mourning your loved one’s wrongful death. We provide free, no-obligation consultations to our clients, where we’ll listen to your story and give you advice on how to proceed. Our clients are like our family, so you can trust that we won’t rest until you get the damages you deserve – if we don’t win your case, you won’t owe us a dime.
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