The loss of a family member is a heartbreaking experience. When a relative’s death occurs due to someone else’s negligence or intentional acts, it can only increase the pain of your loss and leave you with feelings of anger or bitterness at those responsible. It can also leave the surviving family with serious financial burdens.

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 and funeral and burial expenses, the deceased’s 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.

Pursuing a wrongful death claim is never easy on many levels, but the Baton Rouge wrongful death lawyers of Tomeny | Best Injury Lawyers can enable you and your family to obtain justice in the civil context against those responsible for your loved one’s passing. Speak with an experienced injury attorney to learn more.

What is a Wrongful Death Claim?

A wrongful death claim arises when a person dies due to the legal fault of another person or entity.
Examples include when a person dies in a trucking or car accident caused by another driver or due to defective products in the vehicle. The legal fault may arise due to negligence, recklessness, or intentional acts.

Why You Need Tomeny | Best Injury Attorneys By Your Side

If you have suffered a wrongful death in the family, you may know that your family needs the help of an experienced Baton Rouge wrongful death attorney to help your family pursue a claim effectively. But how do you choose from the numerous attorneys and law firms out there?

Frank Tomeny, a Baton Rouge-based Louisiana attorney, founded Tomeny | Best Injury Lawyers to help victims and their families get the compensation and justice that they need and deserve. Our trustworthy team has the experience, client service, and track record of results that you and your family expect in a Louisiana personal injury law firm.

Previously working as an insurance defense attorney, Tomeny knows the strategies and tactics needed to successfully pursue claims for financial recovery from those responsible for causing the deaths of innocent Louisiana residents. The firm has an established record in helping victims and their families secure millions in personal injury compensation in settlements and at trial.

Frank Tomeny has been honored for his legal skills by being named a Super Lawyer for over 10 years. He has been a Top 100 Lawyer since 2012, holds the highest AV peer-rating from Martindale Hubbell and is Board Certified by the National Board of Trial Advocacy. Our wrongful death lawyers in Baton Rouge take the time to get to know you and your family and to understand your concerns and needs so that we can aggressively pursue your claim for wrongful death damages.

Who Can Bring a Wrongful Death Claim?

Under Louisiana law, a wrongful death lawsuit is normally brought by the surviving family members of the decedent. Family members who can file a wrongful death claim include:

  • The surviving spouse and children (including adopted children) of the decedent
  • The surviving parents if there are no surviving spouse or children,
  • The surviving siblings (including siblings adopted by the decedent’s parents) if there are no surviving parents
  • The surviving grandparents if there are no surviving siblings
  • The personal representative of the decedent’s estate may bring a wrongful death claim if there are no eligible surviving family members.

Types of Compensation Available for Wrongful Death Under Louisiana Law

In a viable wrongful death claim, the estate of the decedent and the surviving family members may be entitled to various forms of compensation.

The types of economic and non-economic compensation that could be awarded include:

  • Costs of last illness or injury, such as hospital stays or surgery
  • Lost wages
  • Funeral and burial expenses
  • Conscious pain and suffering experienced by the decedent from their last illness or injury
  • Damaged or destroyed property from the same accident or incident that caused the decedent’s fatal injury or illness

The eligible surviving family members of a deceased individual may be able to recover compensation in a wrongful death claim for:

  • Lost financial contributions and benefits of the decedent
  • The value of the decedent’s lost household services
  • The loss of the decedent’s care, companionship, society, guidance, and emotional support

If the personal representative brings a wrongful death claim in the absence of eligible surviving family members, the personal representative will usually only be allowed to recover the losses suffered by the decedent and the estate.

Examples of Wrongful Death Claims Our Baton Rouge Law Firm Handles

Virtually any accident that results in injury can also lead to fatal injuries for innocent victims involved. Some of the common wrongful death claims that our Baton Rouge law firm handles include:

If you have a loved one who has passed away due to the wrongful acts of another person or entity, Tomeny | Best Injury Lawyers can enable your family to pursue compensation and justice for your loved one.

How a Baton Rouge Wrongful Death Attorney Could Help Your Family

After losing a loved one in an accident caused by someone else, the Baton Rouge wrongful death lawyers at Tomeny | Best Injury Lawyers can assist your family in seeking monetary compensation from those responsible.

Our firm is prepared to thoroughly and independently investigate the facts and circumstances of the death. We’ll work with law enforcement, medical, engineering, financial, and other experts to prove who was at fault and to establish the money damages you and your family are entitled to.

Our firm can reach out to the party or parties responsible for your loved one’s passing to assert your family’s claim for compensation. We will work hard to negotiate a fair and full settlement that provides you and your family with the compensation you deserve. If necessary, however, our seasoned Baton Rouge wrongful death lawyers are prepared to take your claim to trial in a wrongful death lawsuit to seek maximum compensation for your family’s losses. To learn more, give us a call today.

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Choosing an attorney may be the most important decision you ever make. When you contact Tomeny | Best Injury Lawyers, we will listen to your story, go over your legal rights, and answer all your questions. You will leave our meeting knowing that you have made the right decision for you, your future, and your family.

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