Wrongful Death
The loss of a family member is tragic and heartbreaking. When a relative's death occurs due to someone else's negligence, it increases the pain of your loss and can leave you with feelings of anger towards those responsible. It can also leave surviving family with serious financial burdens, unanswered questions, and overwhelming emotional distress.
In these tragic circumstances, your family may be entitled to assert a wrongful death claim in Louisiana. Available financial compensation may account for medical bills, funeral and burial expenses, pain and suffering, the loss of your relative's contributions to the family and household, and the absence of their care, companionship, love, and guidance.
Bateman McDonald Law Firm has handled hundreds of wrongful death claims across the country.
Baton Rouge Wrongful Death Lawyer |
Louisiana Survival Action Attorney
We understand the complex nature of the legal framework surrounding these claims. Our lawyers will passionately assist you and your family in obtaining justice through the civil court system against those responsible for your loved one's death.
Wrongful Death vs. Survival Action in Louisiana
In Louisiana, two distinct legal actions can arise from a person's death: a survival action and a wrongful death claim.
Survival Action
The surviving family members of the deceased victim can file a survival action to recover compensation for the losses suffered by the decedent before death.
Wrongful Death Claim
A wrongful death claim focuses on the losses suffered by the victim's family after the victim's death.
Who Can Bring a Wrongful Death
Claim in Louisiana?
Louisiana law outlines a specific order of family members who can file a wrongful death claim:
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Spouse and Children: If the deceased was married or had children, they are given priority in filing
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Parents: If no spouse or children exist, the deceased's parents may file
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Siblings: In the absence of surviving parents, brothers and sisters can bring a claim
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Grandparents: If none of the above relatives survive, grandparents may file
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Estate: If no family members qualify, the deceased's estate can file the claim
Recoverable Damages in a Louisiana Wrongful Death Claim
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Loss of love, affection, and companionship
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Loss of emotional support and guidance
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Loss of services (such as household support)
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Loss of financial contributions
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Funeral and burial expenses
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Mental anguish and emotional suffering
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Medical expenses incurred by you for treatment to help cope with the loss
Recoverable Damages in a Louisiana Survival Action
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The decedent's conscious pain and suffering before death
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The decedent's fear or fright immediately prior to death
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Medical expenses incurred before death
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Lost wages or earning capacity during that time
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Other damages the deceased could have recovered had they survived
Our lawyers are committed to holding those responsible for the death of your loved one accountable. We will not only get you full justice for your loss, but we will also get you answers to the following questions:
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Why did this occur?
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Was this preventable?
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What can we do to make sure this does not happen again?
Common Cases Resulting in Wrongful Death Claims
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Car accidents and truck accidents
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Motorcycle accidents
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Maritime accidents and offshore injuries
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Workplace accidents
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Medical malpractice
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Nursing home abuse and neglect
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Defective products
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Premises liability accidents
Louisiana Wrongful Death Statute of Limitations
Louisiana law imposes strict deadlines for filing wrongful death claims. For deaths occurring on or after July 1, 2024, the statute of limitations is generally two years from the date of death. For deaths occurring before July 1, 2024, the statute of limitations was one year.
Certain exceptions may apply depending on the circumstances of the death. Contact Bateman McDonald Law Firm immediately to ensure your family's rights are protected.