Louisiana Wrongful Death Attorneys
Baton Rouge Lawyers Serving the Families Who Have Suffered a Tragic Loss
As opposed to a personal injury case, wrongful death claims are filed by the family of the individual who suffered death in an accident that should not have occurred. In cases such as these, the deceased is not available to give testimony, and it is up to witnesses and a strong legal team to compile evidence against those parties responsible after the fact.
Our firm has seen wrongful death cases arise from a wide range of negligence, anything from unsafe working conditions in commercial fisherman or construction workers, to excessive hazing in young college fraternities. Wrongful death can occur in individuals in any area of work or recreation, in any part of the world, but all of them are the result of reckless or irresponsible actions of a third party.
At Arnold & Itkin LLP, we understand that a large wrongful death settlement or verdict will not bring your spouse, child, or parent back into your life, but you have and will continue to endure great pain and loss in the wake of your loved one’s incident. We want to help by fighting for your compensation so that you have the means to lead a comfortable life. After all of your suffering at the hands of another reckless party, we feel you deserve a chance at recovery and want to be the team to help you achieve it.
Contact our Louisiana offices today to discuss your potential wrongful death case. You can reach our attorneys at (888) 493-1629.
Seeking Recovery for Financial & Emotional Damages
Even if the emotional distress caused by the death of your loved were not enough, it often comes with overwhelming financial consequences as well. Not only were there immediate financial burdens, but wrongful death also allows for these burdens to continue in the future.
When you seek compensation for financial damages in a wrongful death case, you are seeking:
- Medical & Funeral Expenses: In the case that your loved one did not immediately pass away after the incident, but was instead on life support or required a great surgery that did not succeed, you may have extensive medical bills to cover. Additionally, the cost of funerals are steadily increasing. If this death was the fault of another party, you should be reattributed for these expenses.
- Loss of Future Wages: Your loved one’s ability to provide for his or her family has been wrongfully cut short, and this could continue to place your surviving family in economic hardship.
- Loss of Benefits: Additionally, if your loved one’s employee benefits covered your family, you may in the position where your family now is without medical insurance and other crucial benefits.
Aside from the financial damages, you and your family are continually struggling with the emotional ramifications of your sudden loss. Wrongful death suits also allow for the pursuance of compensation for the emotional distress this death has caused you and your family.
These include the following:
Pain & Suffering
The agony and natural grief you feel after the death of a loved one is an experience that you have been put through unfairly.
Loss of Care, Protection, Guidance & Advice
Especially in the cases of spouses or children, survivors have lose the care they will receive from their spouse or parent, and will miss the opportunity to seek the desperately wanted advice from that individual in future moments.
Loss of Love & Companionship
You have lost a vital influence in your life, and we believe the courts should recognize the value of these emotional necessities that you and your family are now missing because of this wrongful death.
Louisiana Wrongful Death FAQ
Is there a cap on wrongful death damages in Louisiana?
There is no set limit on the amount of financial compensation that may be awarded in a wrongful death lawsuit in Louisiana. There is a $500,000 cap on medical malpractice cases and cases against government agencies, however. To find out if limits may apply to your case, we recommend talking to an attorney. It’s also important to note that Louisiana has one of the shortest statutes of limitation on wrongful death actions—you have one year from the date of your loss to file suit.
How long does it take to settle a wrongful death case?
Some wrongful death cases settle relatively quickly, within a matter of months, but others may take one or more years to be resolved. How fast your case moves will depend on the defendant and how willing they are to negotiate to reach a fair settlement, or whether your case must go to trial. Some cases settle before or during a trial, again depending on what evidence we are able to bring to the table and whether the defendant will play ball, so to speak. With any Louisiana wrongful death case, our lawyers take the approach that will yield the best possible outcome—one that brings answers and accountability.
Who can file a wrongful death lawsuit in Louisiana?
Only certain family members can file a wrongful death lawsuit in Louisiana. Who can file will depend on whether the person who died was married, had children, and other factors.
The following people can file a wrongful death suit after the loss of a loved one:
- Surviving spouse or children
- Surviving parent or parents
- Surviving siblings
- Surviving grandparents
The estate of the deceased The deceased’s spouse or children would have priority in filing. If the deceased was unmarried and had no children, the parent or parents would be able to file. If the deceased had no spouse, children, or parents, his or her siblings would be able to file, and so on.
Your Experienced and Dedicated Attorneys
At Arnold & Itkin, the emotional and financial devastation you and your loved ones are experiencing due to this tragedy resonates with us, and we use this compassion to motivate our devotion to your case. We have won multi-million dollar verdicts in wrongful death cases, and while we know this is no guarantee for your case, we still want to learn more about how we can help you and your family.
If you are in Louisiana and feel that the death of your loved was the fault of another party, call our team at (888) 493-1629. The road to recovery will then begin with your free, no risk case evaluation.