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Denham Springs Wrongful Death Lawyers

White flower and a single round candle burning as a symbol for the loss of a loved one.

Losing a family member or other loved one due to an injury, accident, or sudden illness is one of the most difficult ordeals a person can experience. If you’re currently mourning the loss of your loved one, we offer our heartfelt condolences for your loss. Wrongful death accidents in Louisiana happen so suddenly that they leave the victim’s family stunned and grieving a massive loss.

If your loved one was killed due to someone else’s negligence or harmful action, your grief could turn to anger, indignation, or another intense emotion. While nothing can take away the pain of losing someone close to you, when you’re ready to hold the people who led to your family member’s death accountable, Gordon McKernan Injury Attorneys are here to help. Give our personal injury lawyers in Denham Springs a call to explore your legal options.

Who Is Eligible to Bring a Louisiana Wrongful Death Suit?

Louisiana law defines wrongful death as a death “due to the fault of another.” Thus, whenever someone dies due to someone else’s neglectful actions, carelessness, or violence, the surviving family can file a wrongful death claim to seek justice on their behalf. In the process, they can appoint a representative for the deceased’s estate.

It’s important to note that not all deaths qualify for a wrongful death claim. Before filing suit, you should consult with an experienced wrongful death lawyer in Louisiana for guidance and help with your case.

Family Members Eligible to File Wrongful Death Cases

Louisiana Civil Code §2315.2 stipulates a specific list and order of family members who are entitled to file a wrongful death suit in the state. The following relationships apply regardless of their adoptive status:

  • The surviving children or spouse of the deceased, or
  • The surviving parents of the deceased, if there are no surviving spouse or children, or
  • The surviving siblings of the deceased, if there are no surviving spouse, children, or parents, or
  • The surviving grandparents of the deceased, if there are no surviving spouse, children, parents, or siblings

Statute of Limitations

The law also defines a one-year time limit, known as the statute of limitations, on bringing a wrongful death suit. While the right to bring this suit is heritable, the time limit will not extend past one year after the original death except in extreme circumstances. If you fail to bring a suit before the year deadline, your case will likely not even be heard.

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Common Causes of Wrongful Death Accidents in Denham Springs

The responsible party for a wrongful death can be a singular person, or they can be an entity such as a government agency or corporation. Wrongful death accidents can also be caused by negligence or intentional acts, including crimes. Common Denham Springs wrongful death causes include

Wrongful Death Damages You Could Be Eligible to Collect

Damages refer to the money and other considerations awarded to a plaintiff in a personal injury case as compensation for the injuries they’ve suffered. Since wrongful death cases are basically just personal injury cases except in that the victim died, largely similar damages can be sought:

Two mourners gently hold hands at the funeral of a lost loved one.
  • Economic damages refer to those monetary costs and hardships suffered by the victim and their surviving family, including
    • Medical and hospital bills
    • Funeral and burial costs
    • Loss of benefits, including medical insurance or retirement benefits
    • Loss of future income
    • Loss of inheritance
  • Non-economic damages are those which lack an exact monetary value. Usually, this is because they’re outside economic concerns, and include
    • Loss of companionship and consortium
    • Loss of enjoyment of life
    • Pain and suffering, and emotional anguish, also known as a survival claim
  • Punitive damages are those rare damages awarded, not to compensate the plaintiff, but to punish the defendant. These are generally only awarded in extreme cases of neglect or wrongdoing, and attempt to dissuade the defendant from repeating that behavior in the future.

Proving a Wrongful Death Case in Denham Springs

Like other personal injury cases, wrongful death cases require plaintiffs and their lawyers to prove the following four facts to establish liability:

  1. The victim’s death must have been caused by the negligence of the defendant, including through their negligent actions, recklessness, or carelessness.
  2. The defendant must have owed a duty of care to the victim, and their actions must have constituted a breach of duty. Examples of the duties we owe each other include driving safely on the road, and doctors maintaining their patients’ health.
  3. The defendant’s breach of duty must have a direct causal link to the death of the victim—they must have contributed to their death, either in whole or in part.
  4. The victim’s death must have generated damages, such as those listed above.

Proving each of these points requires conclusive evidence, which can be hard to find if you don’t know where to look. Hiring a lawyer who knows what they’re looking for and how to find it can be immensely helpful to your case.

The evidence you need to prove liability can take many forms, including hospital bills and death certificates, police reports, photographs taken of the scene, and even witness testimony, sometimes expert witness testimony. An experienced wrongful death lawyer will help you find and call witnesses, build your case, prove your claim, and recover damages. While no amount of money will return your loved one to you, a wrongful death settlement can help you begin to heal.

When Should I Call a Denham Springs Wrongful Death Lawyer?

A golden colored upper-case G, the logo for Gordon McKernan injury Attorneys, including the wrongful death lawyers in Denham Springs.

In this difficult time, you could be experiencing a complex mix of emotions, including grief, frustration, and even anger. You deserve compensation to help pay for your family member’s funeral and other sudden costs, as well as to try to account for your immeasurable grief. The wrongful death lawyers at Gordon McKernan Injury Attorneys understand your feelings, and we want to help.

If you’re mourning the wrongful death of a family member, give the experienced Denham Springs wrongful death lawyers at Gordon McKernan Injury Attorneys a call at 225.888.8888. We’ll provide a free consultation about your next steps, and offer our sincere consolations.

We consider our clients to be our family. That’s why we promise not to charge you a dime in fees until after we win your case—that’s the G Guarantee.

Denham Springs Wrongful Death Lawyer Near Me

888.271.3687

How It Works

Filing a claim with Gordon Mckernan Injury Attorneys is easy! Simply follow the steps below.

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Get Your Free Consultation

Fill out our quick and easy form to find out if your case qualifies. Our consultations are free and confidential, and we are here to help whether you hire us or not! 
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An Attorney Will Reach Out

Our team will evaluate your case and decide on the best course of action. One of our lawyers will get back to you promptly and begin the process of winning your case! 
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Get Gordon! Get It Done!

Once your case has been evaluated and deemed a good fit for our firm, our team will go to work immediately on gathering evidence, building your case, and getting you the compensation that you deserve. 
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