Wrongful Death Attorneys in Denham Springs

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 at 225.888.8888 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.

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

• Injuries sustained during childbirth and other medical malpractice
• Traffic accidents, including car accidents, truck accidents, and motorcycle accidents
• Defective products
• Occupational hazards, including industrial accidents and others
• Slips, falls, and other premises accidents
• Nursing home neglect and abuse
• Criminal acts, including shootings, stabbings, and others

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:

• 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?

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.